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Full text of "North Carolina Register v.5 no. 10 (8/15/1990)"

K^r/v/7434/^2M7 



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REtMEIVED 

AUG 17 1990 



The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



COMa 

Tsiri 



^^" 



EXECUTIVE ORDERS 
FINAL DECISION LETTER 
STATEMENTS OF ORGANIZATION 

PROPOSED RULES 

Cosmetic Art Examiners 

Environment, Health, and Natural Resources 

Human Resources 

Justice 

FINAL RULES 

List of Rules Codified ^ 

ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: AUGUST 15, 1990 
Volume 5 • Issue 10 • Pages 636-723 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carohna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carohna 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 



ADOPTION, 



AMENDMENT, 
RULES 



AND REPEAL OF 



An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carohna Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be a\ailable for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carohna Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carohna Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 days 
whichever is less. An agency adopting a temporary rul 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule i 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) i 
a compilation and index of the administrative rules o 
25 state agencies and 38 occupational licensing boards 
The NCAC comprises approximately 1 5,000 letter size 
single spaced pages of material of which approximate 
ly 35% is changed annually. Compilation and publica 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. Eacl 
state agency is assigned a separate title which is fur 
ther broken down by chapters. Title 21 is designatec 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimun 
cost of two dollars and 50 cents ($2.50) for 1( 
pages or less, plus fifteen cents ($0. 1 5) per eacl 
additional page. 

(2) The full publication consists of 52 volumes 
totaling in excess of 15,000 pages. It is sup 
plemented monthly with replacement pages. ^ 
one year subscription to the full publication in 
eluding supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). In 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions fo 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA( 
should be directed to the Office of Administrativ 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pre 
cedures to be followed. For specific statutory language 
it is suggested that Articles 2 and 5 of Chapter 150B o 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carohna Register is cited by volume, issue 
page number and date. 1:1 NCR 101-201, April 1, 198 

refers to Volume 1, Issue 1, pages 101 through 201 o 
the North Carohna Register issued on April 1, 1986 



i 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement service by 
the Office of Administrative Hearings, P.O. 
Drawer 1 1666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions seven hundred and fifty dollars 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, AC 27604 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. EXECUTIVE ORDERS 

Executive Orders 121-122 636 

II. FINAL DECISION LETTER 

Voting Rights Act 638 

III. STATEMENTS OF 

ORGANIZATION 639 



I\'. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Coastal Management 707 

Environmental Management.... 706 

Human Resources 

Aging, Division of 704 

Facility Services 702 

Justice 
Criminal Justice Education 
and Training Standards 
Commission 704 

Licensing Board 
Cosmetic Art Examiners 708 

V. FEVAL RULES 

List of Rules Codified 710 

VI. ARRC OBJECTIONS 716 

ML RULES INVALIDATED BY 

JUDICIAL DECISION 719 

VIII. CUMULATIVE INDEX 721 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


PubUc 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


+++♦++++ 


+++++♦♦+ 


*+++*++♦ 


♦+++*+++ 


++♦++++< 


04/02/90 


03/12/90 


03/19/90 


05/02/90 


08/01/90 


04/16/90 


03/23/90 


03/30/90 


05/16/90 


08/01/90 


05/01/90 


04/09/90 


04/17/90 


05/31/90 


09/01/90 


05/15/90 


04/24/90 


05/01/90 


06/14/90 


09/01/90 


06/01/90 


05/10/90 


05/17/90 


07/01/90 


10/01/90 


06/15/90 


05/24/90 


06/01/90 


07/15/90 


10/01/90 


07/02/90 


06/11/90 


06/18/90 


08/01/90 


11/01/90 


07/16/90 


06/22/90 


06/29/90 


08/15/90 


11/01/90 


08/01/90 


07/11/90 


07/18/90 


08/31/90 


12/01/90 


08/15/90 


07/25/90 


08/01/90 


09/14/90 


12/01/90 


09/04/90 


08/13/90 


08/20/90 


10/04/90 


01/01/91 


09/14/90 


08/24/90 


08/31/90 


10/14/90 


01/01/91 


10/01/90 


09/10/90 


09/17/90 


10/31/90 


02/01/91 


10/15/90 


09/25/90 


10/02,90 


11/14/90 


02/01/91 


11/01/90 


10/11/90 


10/18/90 


11/30/90 


03/01/91 


11/15/90 


10/24/90 


10/31/90 


12/14/90 


03/01/91 


12/03/90 


11/08/90 


11/15/90 


01/02/91 


04/01/91 


12/14/90 


11/21/90 


11/30 90 


01/13/91 


04/01/91 


01/02/91 


12/07/90 


12/14/90 


02/01/91 


05/01/91 


01/15/91 


12/20 90 


12/31/90 


02/14/91 


05/01/91 


02/01/91 


01/10/91 


01/17/91 


03/03/91 


06/01/91 


02/15/91 


01/25/91 


02/01/91 


03/17/91 


06/01/91 


03/01/91 


02/08/91 


02/15/91 


03/31/91 


07/0 1 '91 


03/15/91 


02/22/91 


03/01/91 


04 14/91 


07/01 91 


04/01/91 


03/11/91 


03/18/91 


05 '01, 91 


08/01/91 


04/15/91 


03/22/91 


04/01/91 


05/15/91 


08,01/91 


05/01/91 


04/10/91 


04/17/91 


05/31/91 


09/01/91 


05/15/91 


04/24/91 


05/01/91 


061491 


09/01/91 


06/03/91 


05/10/91 


05/17/91 


07/03/91 


10/01/91 


06/14/91 


05/23/91 


05/31/91 


07' 14/91 


10/01/91 


07/01/91 


06/10/91 


06/17/91 


07 '3 1/91 


11/01/91 


07/15/91 


06/21/91 


06/28/91 


08/14/91 


11/01/91 


08/01/91 


07/11/91 


07/18/91 


08/31/91 


12/01/91 


08/15/91 


07/25/91 


08/01/91 


09 1491 


12/01/91 


09/03/91 


08/12/91 


08/19/91 


10/03/91 


01/01/92 


09/16/91 


08/23/91 


08/30/91 


10 16/91 


01/01/92 


10/01/91 


09/10/91 


09/17/91 


10 31 91 


02/01/92 


10/15/91 


09/24/91 


10/01/91 


11 14/91 


02/01/92 


11/01/91 


10/11/91 


10/18/91 


12/01/91 


03/01/92 


11/15/91 


10'24/91 


10/31/91 


12 15'91 


03/01 92 


12/02/91 


11/07/91 


11/14/91 


01 01,92 


04,01/92 


12/16/91 


11 21/91 


12/02 91 


01 15/92 


04 0192 



* The "Earliest Effecth'e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date" , that the agency files the rule with The Administrative Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NLMBER 121 

GOVERNOR'S MINORITY, FEMALE AND 

DISABLED-0\\>,ED BUSINESSES 

CONSTRUCTION CONTRACTORS ADVISORY 

COMMITTEE 

It is my policy that the State of North Carolina 
shall enhance and promote construction contract 
opportunities for all of its citizens without regard 
to race gender or hardship. 

Therefore, by the authority vested in me as 
Governor by the Constitution and laws of North 
Carolina, IT IS ORDERED: 

Section 1. Establishment. There is hereby es- 
tablished the Governor's .Minority, Female and 
Disabled-Owned Businesses Construction Con- 
tractors Advisor)' Committee. 

Section 2. Purpose. The purpose of the 
Committee is to serve as a technical advisory 
committee to the Governor in order to increase 
opportunity for minority, female and disabled- 
owned businesses to participate in the con- 
struction of public facilities. 

Section 3. Duties. The Committee shall have 
the following duties: 

(A) provide expertise to the Go\emor and his 
Special Assistant for .Minority Affairs on 
the subject of minority, female and 
disabled-owned businesses utilization on 
public work; 

(B) review problems minority, female and 
disabled-owned businesses encounter in 
becoming a competitive part of the con- 
struction industry and develop recomm- 
endations designed to resolve the 
problems; 

(C) review the implementation of minority, 
female and disabled-owned businesses 
plans by state agencies and where appli- 
cable, develop recommendations on 
modifications to existing plans that would 
increase the opportunities for minority, 
female and disabled-owned businesses to 
compete for state funded contracts and 
subcontracts; and 

(D) de\clop recommendations for assistance 
programs the State can make available to 
local governments in developing and im- 
plementing local minority, female and 
disabled owned businesses plans. 

Section 4. Membership. The membership of 
the Committee shall be comprised of at least the 
following 15 members to be appointed by, and 
serve at the pleasure of, the Cjovcmor; 



(A) five members to be recommended by the 
Association of General Contractors; 

(B) five members to be recommended by the 
North Carolina Association of Minority 
Businesses; and 

(C) five members from the public at large. 

Section 5. Chairperson. The Governor shall 
appoint a Chairperson from among the mem- 
bership. The Chairperson shall serve at the 
pleasure of the Governor. The Chairperson shall 
coordinate the activities of the Committee. 

Section 6. Meetings. Meetings shall be called 
by the Chairperson. 

Section 7. Administrative Support. Adminis- 
trative support will be pro\ided by the Gover- 
nor's Special Assistant for Minority Affairs. 

Section 8. Reporting. The Chairperson shall 
report on the Committee's progress on a quar- 
terly basis. 

This order is effective the 1 1th day of July, 1990. 

EXECUTIVE ORDER NO. 122 

ESTABLISHING THE GOVERNOR'S 

COUNCIL OF FISCAL ADVISORS 

It is desirable that Governors have benefit of the 
combined counsel of those officials primarily re- 
sponsible for the State's fiscal affairs. Therefore, 
to accomplish that end and pursuant to authority 
vested in me bv the Constitution and by statute, 
it is ordered': 

Section J_^ There is established the Governor's 
Council of Fiscal Advisors whose membership 
shall consist of: 

(a) The State Treasurer, 

(b) The State Auditor, 

(c) The Executive Assistant to the Governor 
for Budget and Management, 

(d) The Secretary of the Department of Re- 
\cnue, 

(e) The State Controller, 

(f) the Governor's General Counsel. 

Section 2^ The purpose of the Council shall be 
to consider and advise the Governor concerning 
the fiscal affairs of the State. 

Section 3^ (a) The Council shall meet in reg- 
ular session with the Governor each quarter on 
such dates and at such times as the Governor 
directs and in special session with the Governor 
at the Governor's call. In addition, the Council 
shall meet regularly without the Governor on 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



636 



EXECUTIVE ORDERS 



such dates and at such times as the Council se- 
lects and in special session without the Governor 
at the call of the Executive Assistant to the 
Governor for Budget and Management. 

(b) Council members shall attend Council 
meetings in person and not by surrogates. 

Section 4: In addition to Council members, the 
following are invited to attend and participate in 
Council meetings as the Governor's invitees: 

(a) the Chief of Staff to the Governor, 

(b) the Deputy Director of the Budget, 

(c) a designee '^f the Lt. Governor, 

(d) the Director of Fiscal Research for the 
North Carolina General Assembly, or his 
designee. 

Section 5^ The Governor shall preside at all 
meetings of the Council at which he is present. 
The Executive Assistant to the Governor for 
Budget and Management shall preside at all 
meetings of the Council at which the Governor 
is not present. Agendas for all meetings of the 
Council shaU be prepared by the Executive As- 
sistant to the Governor for Budget and Manage- 



ment and distributed to attendees in advance of 
the meetings. 

Section 6^ Council members who are not 
members of the Council of State are invited to 
attend meetings of the Council of State as 
invitees of the Governor. Council members who 
are not members of the Advisory Budget Com- 
mission are invited to attend meetings of the 
Advisory Budget Commission as invitees of the 
Governor. 

Section 'h The State Office of Budget and 
Management shall provide administrative sup- 
port to the Council. 

Section Sj^ Council members shall serve without 
compensation or reimbursement for expenditures 
incurred by them in attending council meetings. 

Section 9^ TTiis executive order is effective im- 
mediately and shall remain in effect until termi- 
nated by the undersigned or a successor. 

Done in Raleigh, North Carolina, this 17th day 
of July, 1990. 



6^7 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. I20-30.9H, effective July 16, I9S6, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of J 965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JRD:GS:TGL:lrj 

DJ 166-012-3 Voting Section 

AD873;AH629 P.O. Box 66128 

AF151;AH630 ■ Washington, D.C. 20035-6128 

July 20, 1990 

David A. Holec, Esq. 

City Attorney 

P.O. Box 1388 

Lumberton, North Carolina 28359 

Dear Mr. Holec: 

This refers to the two annexations [Ordinance Nos. 1198 (1990) and 1200 (1990) as amended by 
a May 14, 1990 ordinance] and the designation of the annexed areas to districts for the City of 
Lumberton in Robeson County, North Carolina, submitted to the Attorney General pursuant to Sec- 
tion 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your submissions 
on May 22 and 29, 1990. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 
51.41). 

Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



5:10 NORTH CAROLINA REGISTER August 15, 1990 638 



ST A TEMENTS OF ORGANIZA TION 



[The following Statements of Organization were submitted to the Director of the Office of Admin- 
istrati\'e Hearings for publication pursuant to G.S. I SOB- 10 and 26 NCAC 2B .0102.] 



NORTH CAROLINA DEPARTMENT OF 
ADMINISTRATION 

The Department of Administration (DOA) was 
created by the 1957 General Assembly in an ef- 
fort to consolidate many of the administrative 
aspects of State Government. The Executive 
Organization Act of 1973 recreated the Depart- 
ment and established the Department as one of 
nineteen major departments of State Govern- 
ment. The head of the Department is the Sec- 
retary who is appointed by the Governor and 
serves at the pleasure of the Governor. 

The Department of Administration has two 
primary duties: 

1. Advance the effective management, efficient 

operation and fair conduct of the execu- 
tive branch. 

2. Host advocacy programs representing vari- 

ous segments of North Carolina's popu- 
lation that have traditionally been 
underrepresented. 

The Department is organized into Divisions and 
Agencies with brief descriptions as follows: 



OFFICE OF THE SECRETARY 

Agency for Public Telecommunications 

This agency offers media production services, 
satellite and audio teleconferencing, and pro- 
duction and distribution of radio and television 
public ser%'ice announcements for state agencies. 

Division of Policy and Planning 

This division encourages and assists in the de- 
velopment of the planning process within the 
agencies of state and local go\'cmment; develops 
and maintains liaison and cooperative arrange- 
ments with federal, interstate, state, private agen- 
cies, and orgaiiizations in order to obtain 
information and assistance for state and regional 
planning; assists state agencies by providing them 
with information and technical assistance needed 
in preparing their short-range and long-range 
programs; and develops and maintains a com- 
prehensive plan for development of the state. 



Division of Veterans Affairs 



This office assists veterans, their dependents, 
and the dependents of deceased veterans in ob- 
taining and maintaining those rights and benefits 
to which they are entitled by law. 



DOA Personnel 

This office is responsible for recruitment, hiring, 
grievance and appeal procedures, classification of 
positions to ensure equitable compensation for 
all employees, monitoring the departmental af- 
firmative action plan, and implementation of the 
State Personnel System within the department. 



DOA Public Information Office 

The duties of this office include preparation of 
news releases, the editing of and supervision over 
production of official publications and the per- 
mitting of the use of state buildings and grounds. 
The Public Information Office counsels di\isions 
on ways to effectively communicate with the 
public. The divisions assists the public with in- 
quiries and acts as a conduit between the pubhc 
and other Department of Administration divi- 
sions. 



Intergovernmental Relations 

lliis office provides staff support for the state's 
participation in national and regional organiza- 
tions such as the National Governors' Associ- 
ation and the Southern Governors' Association. 
It manages the Appalachian Regional Council 
program and staffs the Local Government Ad- 
vocacy Council. 

The office also contains the State Clearinghouse 
which coordinates the state agency and local 
government intcrgo\emmental review process. 
Notifications of intent to apply for federal funds 
and environmental review documents are sub- 
mitted for comment. 



Office of .Administrative Analvsis 



6i9 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



ST A TEMENTS OF ORGANIZA TION 



This office provides cost-free consulting services 
to state agencies to help make improvements in 
organization, methods, equipment use, staffing 
levels, cost reduction, and procedures. 

Office of Fiscal Management 

This office accounts for all fiscal activity of the 
department in conformity with requirements of 
the Office of State Budget and Management, the 
Department of State Auditor, and federal funding 
agencies. 



Office of Marine .\ffairs 

The Office of Marine Affairs advocates and 
promotes public awareness, appreciation and 
wise utilization of the natural and cultural re- 
sources of coastal North Carolina. To these 
ends, the office administers the three North 
Carolina Aquariums, which provide unique ma- 
rine educational opportunities. The Office of 
Marine Affairs also houses some staff of the 
North Carolina Aquarium Society, a non-profit 
group established in 1986 solely for the purpose 
of supporting the North Carolina Aquariums. 



Outer Continental Shelf Office 

The purpose of the OCS Office is to review and 
coordinate information, pohcies and comments 
of all state agencies regarding offshore leasing, 
exploration, and production for oil and gas and 
hard minerals in federal waters off the North 
Carolina coast. The office also prepares recom- 
mended positions and comments for the Gover- 
nor in his fulfillment of responsibihties under the 
federal Outer Continental Shelf Lands Act; serves 
as staff to the Governor's Working Group; and 
serves as staff of the North Carolina Marine Sci- 
ence Council. 



GOVERNMENT OPERATIONS 



Division of Purchase and Contract 

Ihis office serves as the central purchasing ac- 
tivity for state government and certain other en- 
tities. Contracts are established for the purchase, 
lease and lease-purchase of the goods and services 
required by all state agencies, institutions, pubhc 
school districts, community colleges, and the 
university system. 



State Government Printing Office A 

receipt-supported operation, this office pro- 
vides typesetting and printing services 
throughout state government. 



Facility Management Division 

Ihe division manages, directs, coordinates and 
plans the daily activities of the five sections that 
constitute the division including centralization of 
persormel and purchasing and fiscal procedures. 
It acts as the coordinating point in contact with 
the Secretary's Office, other DOA sections and 
agencies, the Governor's Office and other agen- 
cies that rnay use or inquire about the services 
available from Construction Services, Building 
Services, Landscape Services, and Housekeeping 
Services. It engages in planning and possibly 
expanding the units constituting Facility Man- 
agement Division and their availability to all 
agencies in state government and other qualified 
constituents. The division also oversees the 
management of the Museum of /Vrt's Facilities. 



General Services Division 

The division manages, directs, coordinates, and 
plans the daily activities of the three branches 
that constitute the General Services Division: 
Courier Service, State Surplus Property, Federal 
Surplus Property, and the DOA Mailroom and 
Expendable Supply Store. It engages in planning 
and possibly expanding the units constituting 
General Services and their availability to all 
agencies in state government and other qualified 
constituents. 

Courier Service A receipt-supported opera- 
tion, this service provides courier mail and 
inter-office mail to local state government 
offices and 89 counties in North Carolina. 

Federal Surplus Property This office ac- 
quires and distributes available federal sur- 
plus property needed by the eUgible 
recipients in the state and funds costs for 
operations through receipts from sales. 

State Surplus Property This office is re- 
sponsible for the sale of all supplies, materi- 
als, and equipment owned by the state and 
considered to be surplus, obsolete, or un- 
used. 

Motor Fleet Management This oftice is respon- 
sible for the approximately 4,000 vehicles owned 



5:10 NORTH CAROLINA REGISTER August 15. 1990 



640 



ST A TEMENTS OF ORGANIZA TION 



by state government. Aside from purchasing and 
maintenance of state vehicles, this oiTice enforces 
state regulations relating to their use. 

State Capitol Police This law enforcement 
agency, with police powers throughout the city 
of Raleigh, provides security and property pro- 
tection functions for state government facilities 
within the Capitol City. This agency is also re- 
sponsible for enforcement of regulations in state- 
operated parking lots. 



State Construction OfTice 

This office is responsible for the administration 
of the planning, design, and construction of all 
state facilities, including the uni\ersity and com- 
munity college systems. It also provides the ar- 
chitectural and en^eering services necessary to 
carry' out the capital improvement program for 
all state institutions and aaencies. 



State Property OfTice 

This office is responsible for state government's 
acquisition and disposition of all interest in real 
property whether by purchase, sale, e.-cercise of 
the power of eminent domain, lease, or rental. 
This office also prepares and keeps current a 
computerized inventor.' of all land holdings and 
buildings owned or leased by the state or any 
state aaencv. 



nation among groups and individuals working on 
behalf of women. 



Governor's .Advocacy Council for Persons with Disa- 



bilities 

The Council pursues appropriate remedies, in- 
cluding legal ones, on behalf of disabled citizens 
who feel they have been the subject of discrimi- 
nation. The Council also offers technical assist- 
ance regarding disability issues, promotes 
employment opportunities for disabled persons, 
and reviews policies and legislation relating to 
these persons. 



North Carolina Commission of Indian .\fTairs 

The Commission is responsible for bringing lo- 
cal, state and federal resources into focus for the 
implementation or continuation of meaningful 
programs for the Indian citizens of North 
CaroUna. 

North Carolina Human Relations Council 

The NCHRC pro\ides services and programs 
aimed at improving relationships among all citi- 
zens of this state, while seeking to ensure equal 
opportunities in the areas of employment, hous- 
ing, public accommodation, recreation, educa- 
tion, justice, and governmental ser\ices. The 
Council also enforces the North Carolina Fair 
Housing Law. 



PROGR.\MS 



^ outh .\dvocacv and Involvement Office 



Council on the Status of Women 

The primary responsibility of the Council is to 
advise the Governor, the North Carolina Legis- 
lature, and other principal state departments on 
the special needs of women in North Carolina. 
In addition, the Council identifies and assesses 
women's needs, collects and distributes informa- 
tion, coordinates efforts within the state to meet 
the special needs of women, acts as a resource for 
the county and regional Councils on the Status 
of Women, and encourages innovative programs 
for women. 

The North Carolina Council on the Status of 
Women offers a \'ariety of programs and services 
based on the following prionties: equal oppor- 
tunities in employment and education for 
women, services to women in crisis, and coordi- 



WMO seeks to tap the producti\ity of the youth 
of North Carolina through their participation in 
community services and the de%elopment of 
youth leadership capabilities. The office provides 
case advocacy to indniduals in need of services 
for children and vouth. 



OTHER .\GENCIES 

For administrati\"e, budgetar>' or personnel 
purposes only, the following agencies are listed 
under the Department of Administration: 
.-Mcoholism Research Authority, Board of Sci- 
ence and Technology, Energ>' Development Au- 
thority, 504 Steering Committee. Low-Le\'el 
Radioactive Waste Management Authority and 
the OtTice of State Personnel. 



641 



5:10 yORTH CAROLINA REGISTER August 15, 1990 



ST A TEMENTS OF ORGANIZA TION 



NORTH CAROLINA DEPARTMENT OF 3) 

AGRICULTURE 



Aquaculture, Natural Resources and En- 
vironmental AiTairs 



The North Carolina Department of Agriculture 
is a statutorily created agency G.S. 106-2, within 
the executive branch of the state government. 
The Commissioner of Agriculture, a statewide 
elected official as provided for in Article III, Sec- 
tion 7(1) of the North Carolina Constitution, is 
the head of the Department of Agriculture and 
is a member of the Council of State. The De- 
partment of Agriculture is organized into four- 
teen divisions. A number of boards and 
commissions are administratively located in the 
Department. 

A. Departmental Divisions: 

1) Agricultural Statistics 

The Agricultural Statistics Division is responsi- 
ble for collecting, preparing, and disseminating 
regular series of official crop, livestock and price 
estimates along with other statistics relative to 
agriculture in North Carolina and the nation. 

Mailing Address: 

Agricultural Statistics Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7293 



2) Agronomic Services 

The Agronomic Services Division performs 
laborator\" analysis of soil and plant samples for 
farmers and homeowners. Tests determine the 
fertility of soil and the nutrient quantity and bal- 
ance of plants through tissue analysis. 
Nematodes are quantified from soil and plant 
root samples and diseases are diagnosed. 
Fertilizer apphcation and nematode management 
recommendations are made based on test results. 
Growers are assisted in the field with problem 
diagnosis and optimum crop production strate- 
gies by Regional Agronomists. 

Mailing Address: 

Agronomic Services Division 

North Carolina Department of Agriculture 

Blue Ridge Road Center 

Raleigh, NC 27611 

Telephone: (919) 733-2657 



The Aquaculture, Natural Resources and Envi- 
ronmental Affairs Division promotes the devel- 
opment of aquaculture, staffs the Aquaculture 
Advisory Board, and advises the Conmiissioner 
of Agriculture on natural resources and environ- 
mental issues affecting agriculture. 

Mailing Address: 

Aquaculture, Natural Resources 

and Environmental Affairs 

North Carolina Department of Agriculture 

P.O. Box 27647 

Raleigh, N.C. 27611 

Telephone: (919) 733-7125 



4) Food Distribution 

The Food Distribution Division operates in 
cooperation with the USDA to provide food at 
no cost for distribution to schools of high school 
grade or under, charitable institutions and needy 
persons. It is the responsibility of this division 
to requisition, store, and deliver the food. 

Mailing Address: 

Food Distribution Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7661 



5) Food and Drug Protection 

The Food and Drug Protection Division assures 
consumers that foods, feeds, drugs, cosmetics, 
pesticides, and automotive antifreezers are safe, 
wholesome and properly labeled. Statewide in- 
spections and chemical analyses offer protection 
against unsafe, deceptive and fraudulent pro- 
ducts. Annual registration of pesticides offered 
for sale within North Carolina and pesticide 
applicator licensing and certification is adminis- 
tered by the Pesticide Section. 

Mailing Address: 

Food and Drug Protection Division 

North Carolina Department of Agriculture 

4000 Reedy Creek Road 

Rakish, NC 27607 

Telephone: (919) 733-7366 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



642 



STA TEMENTS OF ORGANIZA TION 



Mailing Address: 

Pesticide Section 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleiah, NC 27611 

Telephone: (919) 733-3556 



6) Marketing 

The Marketing Division promotes the sale of 
North Carolina agricultural products, reports 
farm prices on major commodities and deter- 
mines and certifies the official grade of farm pro- 
ducts. The Marketing Division also organizes 
special livestock sales, arranges buyer-seller con- 
tacts, provides marketing advice and assistance to 
producers, processors and handlers and adminis- 
ters the N. C. Egg Law and the Farm Products 
marketing and branding law. Regional Farmers 
Markets in Raleigh, Charlotte and AsheviUe are 
also operated by the Marketing Division. 

Mailing Address: 

Marketing Division 

North Carolina Department of Aericulture 

P. O. Box 27647 

Raleiah, NC 27611 

Telephone; (919j 733-7887 



8) North Carolina Maritime Museum 

The North Carolina Maritime Museum is the 
State's only museum charged with the collection 
and preservation of North Carolina's coastal 
marine and maritime heritage. Its collection 
emphasizes traditional work boats, decoys, the 
U.S. Life Saving Serv'ice, ship models, and nau- 
tical instruments. Its educational programs treat 
marine and barrier ecology, marine biology, and 
coastal culture. It supports a live aquaria. The 
museum is open year-round, 9AM to 5P.M and 
is free to the pubhc. 

.Mailing Address: 

NC. Maritime Museum 

North Carolina Department of Agriculture 

315 Front Street 

Beaufort, NC 28516 

Telephone: (919) 728-7317 



9) North Carolina State Fair 

The North Carolina State Fair Di\ision is re- 
sponsible for the annual North Carolina State 
Fair in October. During non-fair time, the 
North Carolina State Fair rents various fair fa- 
cilities to the general public for special events. 



7) Museum of Natural Sciences 

The Museum of Natural Sciences Di\ision 
maintains collections and disseminates know- 
ledge concerning the natural history (flora, fauna, 
minerals, fossils and ecology) of North Carolina 
through (1) temporary and permanent exhibits; 
(2) systematic collections and data files in the 
charge of taxonomic specialists trained to solve 
problems of identification and classification; (3) 
ecological and other field studies of southeastern 
biota; (4) educational services including teacher 
education programs, vocational training, curric- 
ulum and program development, classes, lectures 
and preparation of popular and educational ma- 
terials on natural history topics; and (5) publica- 
tion of natural historv' books, papers, articles, 
pamphlets, and similar materials. 

Mailing Address: 

Museum of Natural Sciences Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleiiih, NC 27611 

Telephone: (919) 733-7450 



Mailing Address: 

North Carolina State Fair Division 

North Carolina Department of Agriculture 

1025 Blue Ridge BK'd. 

Raleigh, NC 27607 

Telephone; (919) 733-2145 



10) Plant Industry 

The Plant Industry Division performs fertilizer 
and seed examinations to check for accuracy in 
labeling and product quality. The Division also 
admimsters plant pest laws, the Plant Protection 
and Conservation Act, and the Genetically Fngi- 
neered Organisms Act. 

Mailing Address: 

Plant Industp,' Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleiah, NC 27611 

Telephone: (919) 733-3930 



11) Research Stations 



64^ 



5:10 SORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



Fifteen research stations and four state farms 
comprise the Research Stations Division of the 
Department of Agricuhure. The research 
stations cooperate with scientists at the land- 
grant universities to develop new agronomic 
products and trends, working in conventional 
crops but also working in crops new to the State. 
Research is also conducted on the state farms, 
whose primary purpose is to produce food for 
state institutions. 

Mailing Address: 

Research Stations Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3236 



12) Standards 

The Standards Division administers the weights 
and measures program which includes the verifi- 
cation of the accuracy of commercial weighing 
and measuring devices and the inspection of 
packaged items for compliance with net contents 
statements. The Division also tests petroleum 
products and inspects LP Gas installations. 

Mailing Address: 

Standards Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



13) Structural Pest Control 

The Structural Pest Control Division is respon- 
sible for licensing commercial pest control oper- 
ators within North Carolina. It is also the 
responsibility of the Division to inspect the 
quality of work performed by licensed operators, 
and to enforce pesticide safety requirements. 

Mailing Address: 

Structural Pest Control Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6100 



14) Veterinary 

The Veterinary Division monitors all animal 
disease outbreaks and administers animal health 



programs in North Carolina. The Division also 
provides veterinary diagnostic services and ani- 
mal health inspections. Meat processing and 
slaughter facilities in the State are inspected by 
the Division to insure cleanliness of the operation 
and wholesomeness of the fmished product. The 
Division also regulates dog and cat dealers under 
the Animal Welfare Act. 

Mailing Address: 

Veterinary Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7601 



B. Boards and Commissions 

1) North Carolina Agricultural Hall of Fame 
Board of Directors 

The North Carolina Agricultural Hall of Fame 
Board of Directors was created by G.S. 
106-568.14. The eight-member Board of Direc- 
tors is composed of the Commissioner of Agri- 
culture, the Director of the North Carolina 
Extension Service, the State Supervisor of Voca- 
tional Agriculture, the President of the North 
Carolina Farm Bureau, and the Master of the 
State Grange, as ex officio members, and three 
members appointed by the Governor. 

The Board of Directors is authorized to adopt 
rules and regulations which govern the accept- 
ance and admission of candidates to the North 
Carolina Agricultural Hall of Fame Rules 
promulgated by the Board are codified in 2 
NCAC31. 

Mailing Address: 

Public Affairs Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-4216 



2) Board of Agriculture 

The Board of Agriculture was created by G.S. 
106-2. The eleven-member Board of Agriculture 
is composed of the Commissioner of Agriculture, 
an ex officio member who serves as the Board's 
Chairman, and ten members appointed by the 
Governor. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



644 



STA TEMENTS OF ORGANIZA TION 



The Board of Agriculture is a policymaking 
body with respect to the improvement of agri- 
culture and a rulemaking body with respect to all 
programs administered by the Department of 
Agriculture, exclusive of Pesticides, Plant Con- 
servation. Gasoline and Oil Inspection and 
Structural Pest Control promulgated by the 
Board are codified in 2 NCAC. 

Mailing Address; 

Secretar>', Board of Agriculture 

North Carolina Department of Agriculture 

P. O, Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



3) Aquaculture Advisorv' Board 

The Aquaculture Advisor,' Board was created 
by G.S. 106-760. The seven-member Board is 
composed of various State ofTicials or their 
designees who serve ex-officio. The Board pro- 
motes aquaculture by reviewing laws, regulations 
and policies affecting aquaculture and by coordi- 
nating aquaculture activities of the various State 
agencies. 

Mailing Address: 

Aquaculture Advisory Board 

North Carolina Department of Agriculture 

P:0. Box 27647 

Raleiah, NC 27611 

Telephone: (919) 733-7125 



4) Board of Crop Seed Improvement 

The Board of Crop Seed Improvement was 
created by G.S. 106-269. The Board promotes 
the development and distribution of pure strains 
of crop seed to North Carolina farmers. The 
Board is authorized to adopt rules and regu- 
lations which relate to the certification of pure 
crop seeds. Rules promulgated by the Board are 
codified in 2 NCAC 29. 

Mailing Address: 

Board of Crop Seed Improvement 

North Carolina Department of Aaiculture 

P. O. Box 27647 

Ralciah, NC 27611 

Telephone: (919) 733-3930 



5) Gasoline and Oil Inspection Board 



The Gasoline and Oil Inspection Board was 
created by G.S. 119-26. The five-member Board 
is composed of the Commissioner of Agriculture, 
the Director of the Standards Division and three 
members appointed by the Governor. The 
Board is authorized to adopt rules and regu- 
lations which govern the quality, labeling, trans- 
portation and inspection of liquid motor fuels, 
kerosene and other heating oils. Rules 

promulgated bv the Board are codified in 2 
NCAC "42. 

Mailing Address: 

Standards Division 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3313 



6) Genetic Engineering Review Board 

Tlie Genetic Engineering Review Board was 
created by G.S. 106-769. The ten-member Board 
regulates the release and commercial use of ge- 
netically engineered organisms. The Board, 
through the Commissioner of Agriculture, issues 
permits for such activities, and also has the au- 
thority to le\y civil penalties for violations of the 
Genetically Engineered Organisms Act. 

Mailing Address: 

Genetic Engineering Review Board 

Plant Industn- Division 

North Carolina Department of Agriculture 

P.O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6930 



7) North Carolina Public Livestock .Market 
Advisorv' Board 

The North Carolina Public livestock Market 
Advisor>' Board was created by G.S. 106-407.1. 
The eight-member Board serves in an advisor,' 
capacity to the Commissioner of Agriculture and 
the Board of Agriculture on issues which relate 
to the li\-cstock markets and proposes rule 
changes related to this area. The Board also is 
required to attend any hearing for a license to 
operate a public livestock market. 

Mailing Address: 

\'etennar}' Division 

North Carolina Department of .Agriculture 

P. O. Box 27647 



645 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



ST A TEMENTS OF ORGANIZA TION 



Raleigh, NC 27611 
Telephone: (919) 733-7601 



8) Advisory Commission for the Museum of 
Natural Sciences 

The Advisory' Commission for the Museum of 
Natural Sciences was created by G.S. 143-370. 
The nine-member Commission establishes poli- 
cies for the Museum and works to promote and 
develop the Museum and its resources. 

Mailing Address: 

Museum of Natural Sciences 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7430 



9) Structural Pest Control Committee 

The Structural Pest Control Committee was 
created by G.S. 106-65.23. The six-member 
Committee is authorized to adopt rules to regu- 
late Structural Pest Control activities. The 
Committee is an occupational licensing board for 
Structural Pest Control operators in North 
Carolina. Rules promulgated by the Committee 
are codified in 2 NCAC 34. The Committee has 
the authority to assess chil penalties and to deny, 
revoke, suspend or modify the hcense, certified 
apphcator's card or identification card of any 
person adjudged to have violated the Law or 
regulations. 

Mailing Address: 

Secretary, 

Structural Pest Control Committee 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleitih, NC 27611 

Telephone: (919) 733-6100 



10) North Carolina Pesticide Board 

The Pesticide Board was created by G.S. 
143-436. The seven-member Board is authorized 
to adopt rules and regulations which govern the 
non-structural appUcation, sale, disposal, and 
registration of pesticides and the licensing and 
certification of pesticide applicators. The Board 
is an occupational licensing board with respect 
to commercial pesticide applicators. Rules 
promulgated by the Board are codified in 2 
NCAC 9L. The Board has the authority to ac- 



cess civil penalties and to suspend, revoke, deny 
or modify the licenses of persons adjudged to 
have violated the Law or regulations. 

Mailing Address: 

Secretary, 

North Carolina Pesticide Board 

North CaroUna Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



11) Pesticide Advisory Committee 

The Pesticide Advisory Committee was created 
by G.S. 143-439. The nineteen-member Com- 
mittee is appointed by the Pesticide Board. The 
Committee ser\es in an advisory' capacity to the 
Commissioner of Agriculture and the Pesticide 
Board on technical questions submitted to it and 
the development of rules and regulations which 
relate to pesticides. 

Mailing Address: 

Pesticide Advisory Committee 

North Carolina Department of Asriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-3556 



12) North Carolina Plant Conservation Board 

The North Carolina Plant Conservation Board 
was created by G.S. 106-202.14. Pour members 
of the seven-member Board are appointed by the 
Governor and the remaining members are ap- 
pointed by the Commissioner of Agriculture. 
The Board is authorized to adopt rules and reg- 
ulations which classify plant species as either en- 
dangered, threatened or of special concern when 
necessar>', and regulate the handling of classified 
plants. Rules promulgated by the Board are 
codified in 2 NCAC 10. 

Mailing Address: 

Plant Protection Section 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-6930 



13) North Carolina Plant Conservation Sci- 
entific Committee 



5:10 NORTH CAROUNA REGISTER August 15, 1990 



646 



ST.^ TEMENTS OF ORGANIZA TION 



1 he North Carolina Plant Conservation Scien- 
tific Committee was created by G.S. 106-202.17. 
The ten-member Committee sen.'es in an advi- 
sory' capacity to the North Carolina Plant Con- 
servation Board on matters relating to plant 
species classified as either endangered, threatened 
or of special concern. 

Mailing Address: 

Plant Protection Section 

North Carolina Department of Agriculture 

P. O. Box 27647 

Raleidi, NC 27611 

Telephone: (919) 733-6930 



14) North Carolina Agricultural Finance Au- 
thonty 

The North Carolina Agricultural Finance Au- 
thonty was created by G.S. 122D-4. The ten- 
member Finance Authority is empowered to 
provide capital and credit at interest rates within 
the financial means of persons and businesses 
engaged in agriculture and agricultural exports. 

Mailing Address: 

Secretary', North Carolina 

Agricultural Finance Authority 

North Carolina Department of 

Agriculture 

Suite 406 

19 W. Hareett Street 

Raleigh, NC 27601 

Telephone: (919) 733-0635 



16) Rural Rehabilitation Corporation Board 
of Directors 

The Rural Rehabihtation Corporation Board 
of Directors was created by G.S. 137-31.3. The 
nine-member Board acts as the governing body 
of the North Carolina Rural Rehabilitation Cor- 
poration which serves as a social and fmancial 
instrumentality in assisting to rehabilitate farm 
families by enabling them to secure subsistence 
and gainful employment from the soil. 

Mailing Address: 

Secretary, Rural Rehabilitation 

Corporation 

Fiscal Management Division 

North Carolina Department of 

Agriculture 

P. oTBox 27647 

Raleieh, NC 27611 

Telephone: (919) 733-2113 



17) Northeastern North Carolina Farmers 
Market Commission 

The Northeastern North Carolina Farmers 
\Iarket Commission was created by G.S. 
106-720. The nine-member Commission is em- 
powered to establish a farmers market in north- 
eastern North Carolina that wiU facilitate the sale 
and marketing of agricultural commodities 
produced in the area. The Commission also 
serves in an advisory capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 



15) North Carolina Grape Growers Council 

The North Carolina Grape Growers Council 
was created by G.S. 106-750. The eleven- 
member Council is appointed by the Commis- 
sioner of Agriculture. I he Council promotes the 
growth and development of North Carolina's 
grape and wine industp,'. 

Mailing Address: 

Secretary', North Carolina 

Grape Growers Council 

Markets Di\'ision 

North Carolina Department of 

Agriculture 

P. OT Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7136 



Mailing Address: 

Chairman, Northeastern North 

Carolina Farmers Market Commission 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



18) Northeastern Farmers Market Ad\-isory 
Board 

The Northeastem Farmers Market Advisor)' 
Board was created by G.S. 106-721. The Board 
consists of one member from each of the counties 
ser\'ed by the Northeastem North Carolina 
Fanners Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisory capacity to the Northeastem North 
Carolina Farmers Market Commission. 



64'/ 



5:10 NORTH CAROLINA REGISTER August L\ 1990 



STA TEMENTS OF ORGANIZA TION 



Mailing Address: 
Secretary, Northeastern Farmers 

Market Advisory Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone: (919) 733-7125 



19) Southeastern North Carolina Farmers 
Market Commission 

The Southeastern North Carolina Farmers 
Market Commission was created by G.S. 
106-727. The nine-member Commission is em- 
powered to establish a farmers market in south- 
eastern North Carolina that wUl facilitate the sale 
and marketing of agricultural commodities 
produced in the area. The Commission also 
ser\'es in an advisory' capacity to the Commis- 
sioner of Agriculture on the operation of the 
market. 

Mailing Address: 

Chairman, Southeastern North Carolina 

Farmers Market Commission 

N. C. Department of A^culture 

P. O. Box 27647 

Raleieh, NC 27611 

Telephone: (919) 733-7125 



20) Southeastern Farmers Market Advisory 
Board 

The Southeastern Farmers Market Advisory 
Board was created by G.S. 106-728. The Board 
consists of one member from each of the counties 
served by the Southeastern North Carolina 
Farmers Market, appointed by the Commis- 
sioner of Agriculture. The Board serves in an 
advisor,' capacity to the Southeastern North 
Carolina Farmers Market Commission. 

Mailing Address: 
Sccretar\', Southeastern Farmers 

Market Advisorv' Board 

N. C. Department of Agriculture 

P. O. Box 27647 

Raleigh, NC 27611 

Telephone; (919) 733-7125 

NORTH CAROLINA OFFICE OF THE 
STATE Al DITOR 

300 North Salisbury Street 
Raleigh, North Carolina 27603-5903 



The State Auditor is a constitutionally elected 
official of the State of North CaroUna. He is the 
administrative head of the State Auditor's Office 
and is a member of the Council of State. 

The State Auditor is the independent auditor for 
state government and all audits are conducted 
under the authority of Article 5A of General 
Statute 147 and the Federal Single Audit Act of 
1984. An important part of the audit function 
is the annual audit of the general purpose state- 
ments included in the State of North Carolina's 
Comprehensive Annual Financial Report. Ihis 
is an annual report that is widely circulated 
throughout the nation and is heavily relied upon 
by bondholders and federal authorities. Another 
equally important audit function is the Single 
Audit. The State Auditor's Office is responsible 
for the auditing of all federal monies that flow 
both through and to the state, ensuring comph- 
ance with the federal and state guidelines. This 
report is also pertbrmed on an annual basis. 

In addition, the State Auditor's Office conducts 
performance audits on state programs and activ- 
ities and reports on the economy, efficiency and 
effectiveness of operations along with whether 
they achieve intended results. 

The State Auditor's Office also has a telephone 
'Tlotline" for receiving reports of alleged in- 
stances of fraud, waste, and abuse in state gov- 
ernment. That number is (919) 733-3276. The 
'Tlotline" division is dedicated to the investi- 
gation of these alleged violations to detenTiine if, 
in fact, fraud, waste, or abuse has occurred or is 
occumng in state government. 

The State Auditor's Office employs 162 people 
and is managed by the State Auditor and the 
Chief Deputy State Auditor. The audit staff is 
comprised of approximately 135 professionals 
and is supen.'ised by two Deputy State Auditors, 
the Director of Audits and five audit managers. 

The State Auditor also administers the North 
Carolina Firemen's and Rescue Squad Workers' 
Pension Fund. The fund has a current mem- 
bership of 24,051 active and 2,269 retired mem- 
bers. The Pension Fund telephone number is 
(919) 733-3275. 

NORTH CAROLESA DEPARTMENT OF 

ECONOMIC AND COMMLAITY 

DE\ELOPMENT 

The Department of Fconomic and Community 
Development was estabUshed as part of the State 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



648 



STA TEMENTS OF ORGANIZA TION 



Government Reorganization Act of 1971. At 
that time, the Department consisted almost en- 
tirely of regulatory agencies and Employment 
Security Commission. 

In 1977, the economic development divisions, 
state ports, and energy programs were merged 
into the Department of Economic and Commu- 
nity Development. Thus, for the first time, all 
major state government programs designed to 
develop and promote economic development in 
North Carolina were consolidated within one 
department. 

The regulatory agencies use their authority in- 
dependently of the Economic and Community 
Development department, includmg holding 
hearings and engaging in rule making. The de- 
partment provides administrative services for 
those regulatory agencies. 

/Vmong the Department's most important non- 
regulator)' agencies are Us five Economic De%-el- 
opment Divisions. Supervised by the Secretary 
and the North Carolina Board of Economic De- 
velopment, the divisions are also directed to assist 
the Department's Assistant Secretary for Tradi- 
tional hidustpy'. The divisions are: 

Business/Industr\ Development Division. This 

division is North Carolina's lead industrial 
recruitment and business assistance agency. Its 
staff works closely with other public and private 
de\elopmcnt organizations to encourage the 
growth and expansion of North Carolina's exist- 
ing companies, as well as to attract new industries 
to the state. The Division operates a statewide 
office in Raleigh and nine regional field offices. 

International Division. As its name implies, the 
department's International Division is primarily 
responsible for North Carolina's foreign trade. 
With representatives in Tokyo, Japan, 
Dusseldorf, West Germany, Hong Kong and 
Toronto Canada, the division helps foreign firms 
interested in establishing new business operations 
in North Carohna, and assists Tar Heel firms in 
marketing products and services overseas. 

Small Business Development Division. While 
the Business/Industry De\elopment Division 
works with existing firms. Small Business De\el- 
opment Di\ision acts to encourage the growlh 
and dcNclopment of new businesses and smaller 
firms that are already operational. Ihe di\ision 
operates a clearinghouse for small business in- 
formation ;md referrals, and serves as an advocate 
for small business concerns in government policy 



making. The Division's Office of Minority 
Business Development helps minority-owned 
firms. 

Travel and Tourism. The division promotes 
North Carolina as a vacation destination. The 
purpose of the division is to increase travel ex- 
penditures in North Carolina, create additional 
employment and personal income for those em- 
ployed by the Travel Industry, and to strengthen 
the overall economy of the state. This is 
achieved by conducting the state travel advertis- 
ing campaign, servicing travel inquires, and 
producing a public relations program on behalf 
of the state. Sports Development is a new aspect 
of this division. 

Film Office. Established in 1980 to encourage 
and assist motion picture and television pro- 
duction activity throughout the state, the office 
operates as a speciafoed unit of economic devel- 
opment under the direction of the Secretary. 
Primary targets of the office's recruitment pro- 
gram are major HoU>'wood studio productions, 
television commercials, and independent theatri- 
cal and television films. 

Other non-regulatory agencies housed within 
the Department of Economic and Community 
Development and important to North Carolina's 
overall economic development are: 

State Ports Authority. North Carolina operates 
state ports at Wilmington and Morehead City 
and leases operation of a small harbor at 
Southport as well as the Charlotte Intermodal 
Terminal in Charlotte. Ships from most of the 
world bring or pick up goods at the Morehead 
City and Wilmington Ports. Inder the direction 
of The State Ports .Authority Board, the State 
Ports Authority promotes the use of North 
Carolina's ports, oversees construction of facili- 
ties at the ports, and operates ports services, such 
as cranes to unload the goods off the ship. 

Energy Division. Duties and responsibilities are 
to serve as the principal agency in state govern- 
ment to promote energy efficiency, prepare and 
implement emergency energy plans, prepare en- 
ergy forecasts, provide energy information, sup- 
port the Energy Policy Council, and pro\ide 
energ\' policy support to the Governor. 

Employment Security Commission, .\dminis- 
ters the North Carolina Employment Service, 
North Carolina's unemployment insurance pro- 
gram, and prepares labor market information. 



649 



5:10 NORTH CAROLINA REGISTER Aui^ust 15, 1990 



ST A TEMENTS OF ORGAMZA TIOIW 



The Commission's Employment Service pro- 
vides job placement services to all members of 
the public, including interviewing, counseling, 
testing, job development, and referral. Special- 
ized services are available to the handicapped, the 
aged, youth, veterans, and to migrant and sea- 
sonal farm workers. The Employment Service 
is also involved in the administration of such 
federal programs as Work Incentive (WIN), Vet- 
erans Employment Service (VES). 

The unemployment insurance program provides 
benefits to workers unemployed through no fault 
of their own. The ESC determines entitlement 
to benefits and makes payments to eligible 
claimants. The agency also administers federal 
unemployment insurance programs such as Fed- 
eral Supplemental Benefits (FSB); Special Un- 
employment Assistance (SUA); Unemployment 
Compensation for Federal Employees (UCFE), 
and others. 

The Labor .Market Information division of ESC 
statistical department compiles figures on unem- 
ployment and employment in wages, projected 
occupational needs, and other data. This infor- 
mation is used by federal and state officials, 
planners, and prospective employers for a variety 
of purposes. 

Technological Development Authority. Pro- 
vides direct seed capital fmancing for North 
Carolina small businesses developing new or im- 
proved products and processes. The authority 
also pro\'ides direct grants to nonprofit 
community-based organizations establishing 
small business 'incubator' facilities designed to 
house and support new small businesses in their 
earliest stages of development. 

REGULATORY AGENCIES 

Regulatory agencies housed in the Department 
of Economic and Commumty Development in- 
clude: 

.Alcoholic Beverage Control Commission. Re- 
sponsible for controlling all aspects of the sale 
and distribution of alcoholic beverages in North 
Carohna. The State's system is unique among 
the 50 states because of more than 152 separate 
county and municipal ABC Boards which are 
responsible for the sale of alcoholic beverages in 
the counties of cities or the State. In each case 
a vote of the people was required to establish the 
system. 



Banking Commission. Regulates and supervises 
the activities of the 49 banks and their 874 
branches chartered under the laws of North 
Carolina. The Commission is responsible for the 
safe conduct of business; the maintenance of 
public confidence; and the protection of the 
banks' depositors, debtors, creditors, and share- 
holders. The staff of the Office of Commissioner 
of Banks conducts examinations of all state- 
chartered banks and consumer fmance licensees; 
processes applications for new banks, apphca- 
tions for branches of existing banks, and all ap- 
plications for licenses. In addition, the Office of 
Commissioner of Banks supervises the state's 
bank holding companies, Sale of Checks Act 
licensees, and pre-need burial trust fund licensees. 

Burial Commission. Supervises and audits 280 
North Carolina mutual burial associations, which 
have approximately one-half million members. 
A mutual burial association is a nonprofit cor- 
poration that pays a limited amount toward 
burial expenses. 

Cemetery Commission. Regulates and super- 
vises the activities of cemeteries, cemetery man- 
agement orgaruzations, cemetery sales 
organizations, cemetery brokers, and individual 
pre-need cemetery sales people licensed under the 
laws of North Carolina. Its principal function is 
to conduct examinations of all licensed ceme- 
teries. It also authorizes the establishment of and 
licenses cemeteries, cemetery sales organizations, 
cemetery management organizations, cemetery 
brokers, and pre-need salespeople. 

Credit Union Commission. Supervises and reg- 
ulates the operations of 192 state chartered credit 
unions, which serve over 450,000 members. Its 
staff conducts annual examinations of all credit 
unions to insure proper bookkeeping and com- 
pliance with the law. 

Industrial Commission. Administers the Work- 
ers' Compensation Act (NC G.S. 97-1, et seq. 
); the State Tort Claims Act (NC G.S. 143-291, 
et seq. ); and the I^w Enforcement Officers', 
Firemen's and Rescue Squad Workers' Death 
Benefit Act (NC G.S. 143-166.1,' et se^. ). Ad- 
ditionally, the Commission has been charged 
with the responsibility for administering the 
Childhood Vaccine- Related Injur)' Compen- 
sation Program (NC G.S. 130-422, et seq. ), ef- 
fective October 1, 1986. The Commission 
administratively handles approximately 200,000 
claims per year and conducts trials in nearly 5,000 
contested claims annually. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



650 



STA TEMENTS OF ORGAMZA TION 



Milk Commission. Formed in 1953, the Com- 
mission has the primary responsibility of assuring 
that an adequate supply of wholesome milk is 
available to the state's citizens. To accompUsh 
this, the Commission has been given the author- 
ity to regulate the production, marketing, and 
distribution of milk. The Commission estab- 
lishes the minimum prices milk producers are 
paid for raw milk. 

Rural Electrification Authority. Supervises 28 
electric membership corporations and 9 tele- 
phone membership corporations in the state to 
see that they apply their rules and regulations on 
a non-discriminatory basis to individual North 
Carolinians. It also acts as an ombudsman for 
member complaints and as the hason between 
the membership corporations and the United 
States Rural Electrification .Administration for 
federal loans. .-Ml loan appUcations must first 
ha\e the approval of the North Carolina Rural 
Electrification Authority Board before they can 
be considered by the federal Rural Electrification 
Administration. 

Savings and Loan Commission. Regulates and 
supervises savings and loan associations chartered 
under the laws of North Carolina. Its principal 
functions are to supervise and to examine all 
state-chartered savings and loan associations and 
to process applications for new charters, 
branches, mergers, and acquisitions. 

I tiiities Commission. Regulates rates of various 
utilities. It also investigates customer complaints 
regarding utility operations and services. The 
seven member Commission has jurisdiction over 
pubUc electric, telephone, natural gas, water and 
sewer companies, passenger carriers, freight car- 
riers, and railroads. 

I tilititcs Commission Public Staff. Created by 
the legislature in 1977, the PubUc Staff represents 
customers in rate cases and other utUities matters. 
This independent staff appears before the Com- 
mission as an advocate of the using and con- 
suming pubhc. 

Together, the Economic and Community De- 
velopment Department's regulatory and non- 
regulatory agencies now employ approximately 
2,600 workers; roughly 2,000 of these are housed 
in the Employment Security Commission. The 
Department s annual budget, not including Em- 
ployment Security, totals around $70,000,000, 
roughly $9,250,000 of which is federal funds. 
The Employment Security Commission, which 



is funded entirely by the federal government, op- 
erates on an annual budget of approximately 
$67,000,000. 

In summary, the North Carolina Department 
of Economic and Commumty Development 
serves the public in a variety of ways. 

By recruiting new industry, encouraging the de- 
velopment of small businesses and other existing 
firms, and promoting tourism and international 
trade, the Department encourages the creation 
of new jobs and other forms of economic op- 
portunity which contribute to North Carolina's 
overall quality of hfe. 

Through the Employment Security Commis- 
sion, the Department administers North 
Carolina's unemployment insurance program 
and provides free job placement services for 
North Carolina citizens. 

Finally, Economic and Community Develop- 
ment's regulatory agencies work to assure fair 
and equitable treatment for consumers and pro- 
ducers throughout the state's economy. 

BOARDS WITHIN THE DFPARTMENT OF 
ECONOMIC AND COMMl NITV 



DE\ELOPMENT 

ALCOHOLIC BEVERAGE CONTROL 

COMMISSION 

(G.S. 18B-200, 18B-203) 

The i-Mcohohc Beverage Control Commission 
is an agency of the North Carolina Department 
of Economic and Community Development. 
The Commission consists of a chairman, and two 
associate members who meet monthly to review 
cases and other matters under its jurisdiction. 

The Commission performs the following duties: 

1. .Administers the .ABC laws; 

2. Provides for enforcement of the ABC laws, 
in conjunction with the ALE Di\ision; 

3. Sets the prices of alcoholic beverages sold 
in local ABC stores; 

4. Requires reports and audits from local 
boards; 

5. Determines what brands of alcohohc 
beverages may be sold in this State; 

6. Contracts for State .ABC warehousing and 
the distribution of Liquors; 

7. Disposes of damaged alcohohc beverages; 

8. Removes for cause any member or em- 
ployee of a local board; 



651 



5:10 SORTH CAROLINA REGISTER 



August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



9. SupeiA'ises or disapproves purchasing by 
any local board and inspects all records of 
purchases by local boards; 

10. Approves or disapproves rules adopted by 
any local board; 

11. Approves or disapproves the opening and 
location of ABC stores; 

12. Issues ABC permits, and imposes sanctions 
against permittees; 

13. Provides for the testing of alcoholic 
beverages; 

14. Fixes the amount of bailment charges and 
bailment surcharges to be assessed on liquor 
shipped from the Commission warehouse 
and collects those charges from local boards; 

15. Provides for the distnbution of spirituous 
liquor to armed forces installations within 
this State for resale on the installations. 

The Commission is located at 3322 Gamer 
Road in Raleigh. 

The mailing address is: 

PO Box 26687 

Raleigh, NC 27611-6687 

Telephone (919) 779-0700 

COMMISSIONER OF BANKS 

(G.S. 53-92) 

Purpose: To charter, license, and supervise 
state-chartered banks, industrial banks, trust 
companies, consumer fmance licensees, pre-need 
burial hcensees, and sale of checks act licensees. 

To take charge of or to close insolvent banks, 
industrial banks, and trust companies. 

To sue or defend in actions necessary or proper 
to the discharge of his office. 

To exercise powers under supervision of Bank- 
ing Commission. 

To keep records of all official acts, rulings, and 
transactions. 

Composition: Appointed by Governor. Gen- 
eral Assembly confirmation required. 

Term: 4 years. 

STATE BANKING COMMISSION 

(G.S. 53-92) 

Purpose: On request, provide for hearings be- 
fore the Commission in connection with banking 
laws. 

Supervise, direct and review the actions of the 
Commissioner of Banks. 



Composition: 12 appointed by Governor (five 
are practical bankers and seven represent the 
borrowing public), 1 appointed by General As- 
sembly upon recommendation of President of the 
Senate (practical banker), 1 appointed by Gen- 
eral Assembly upon recommendation of Speaker 
of the House of Representatives (representing the 
borrowing public) and 1 ex officio (State Treas- 
urer). 

Term: 4 years. 

Officers: Chairman is State Treasurer. 

NC MUTUAL BURIAL ASSOCIATION 

COMMISSION 

(BURIAL COMMISSION) 

(G.S. 58-241.8) 

Purpose: Supervise all burial associations au- 
thorized to operate in NC, to determine that such 
associations are operated in conformity. 

To assist the Burial Association Administrator 
with prosecution of violations. 

Counsel and advise the Administrator in per- 
formance of his duties and to protect the interest 
of members of .Mutual Burial Associations. 

Composition: 5 members - 1 appointed by 
Governor and 4 elected by Burial Associations 
(authorized by the Statutes.) 

Term: 5 years. 

Officers: Chairman is elected by Commission. 
Secretary - Burial Association Administrator. 

CAPE FEAR RIVER NAVIGATION AND 
PILOTAGE COMMISSION 

(G.S. 76-1) 

Purpose: Make and establish rules and regu- 
lations for the qualifications, arrangements, and 
stations of pilots. 

To prescribe, reduce and limit the number of 
pilots necessary to maintain an effective pUotage 
service for the Cape Fear River and Bar. 

To organize all pilots licensed by it into a mu- 
tual association. 

Examination and licensing of pilots for the Cape 
Fear River and Bar. 

Appoint and regulate pilots' apprentices. 

Grant permission to any pilot in good standing 
and authorized to pilot vessels, to run regularly 
as pilots on steamers running between the port 
of Wilmington and other ports of the U.S. 

Cancel licenses. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



652 



STA TEMENTS OF ORGANIZA TION 



To hear and determine any matter of dispute 
between pilots and masters of vessels or between 
pilots themselves. 

Retire pilots from active service. 

Composition: 5 members appointed by Gover- 
nor. (At least 4 residents of New Hanover county 
and none shall be licensed pilots.) 

Term: 4 years. 

Officers: Chairman designated by the Governor 
to serve at his pleasure. 

CEMETERY COMMISSION 

(G.S. 65-50) 

Purpose: To regulate and supervise the activ- 
ities of cemetery companies, cemeter>' sales 
and/or management organizations, cemetery 
brokers and individual selling pre-need cemetery 
property that comes within the jurisdiction of the 
NC Cemetery Act. 

Composition: 7 members - appointed by Gov- 
ernor. (2 owners or managers of cemeteries in 
NC, 2 public members who have no fmancia! 
interest in and are not involved in management 
of any cemetery or funeral related business, 3 
members selected from 6 nominees submitted by 
the NC Cemetery Association.) 

Term: 4 years. 

Officers: Chairman and Vice Chairman elected 
by Commission. 

CREDIT UNION COMMISSION 

(G.S. 143B-439) 

Purpose: Review, approve or modify any 
action taken by the administrator of Credit Un- 
ions. 

To hear an appeal from a ruUng order or deci- 
sion of the Administrator which any credit union 
feels aggrieved. 

To fix a date, time, and place for hearing of the 
appeal and serve notice upon the Administrator. 

Composition: 7 members appointed by Gover- 
nor. (3 with at least 3 years of experience as 
Credit Union Directors or in management of 
State-chartered Credit Unions. No 2 persons 
shall be residents of the same senatorial district, 
no person shall be on a Board of Directors or 
employed by another type of fmancial institution, 
and no person shall ser\'e on the Commission for 
more than two complete consecutive terms.) 



Terms: 4 years. 

Officers: Chairman elected by and from mem- 
bership. 

ECONOMIC DEVELOPMENT BOARD 

(G.S. 1 438-434) 

Purpose: Formulate a program for the eco- 
nomic development of the State of NC and assist 
the Secretary of Economic and Community De- 
velopment in carrying out his duties and powers 
in matters relating to existing industry, the 
recruitment of industry and the expansion of the 
travel and tourism industries. 

Members serve on four committees: Travel and 
Tourism (3490), International Committee, Busi- 
ness Assistance Committee, Industrial Commit- 
tee. 

Composition: 25 members appointed by Gov- 
emor, Lt. Governor and the Speaker of the 
House. 

Term: 4 years. 

Officers: Chairman and Vice Chairman desig- 
nated by the Governor. Secretary of Economic 
and Community Development serves as Secre- 
tary. 

EMPLOY.MENT SECLRITV COMMISSION 

(G.S. 96-3) 

Purpose: To reduce and prevent unemploy- 
ment. 

To encourage and assist in the adoption of 
practical methods of vocational training, retrain- 
ing and guidance. 

To investigate, recommend, advise and assist in 
the establishment and operation of reserves for 
public works to be used in times of business de- 
pression and unemployment. 

To promote the reemployment of unemployed 
workers. 

To distribute the Commission's regulations, 
general rules and its biennial reports to the Gov- 
ernor. 

Composition: 7 members appointed by Gover- 
nor, one of whom is designated by the Governor 
as Chairman. 

Term: 4 years for Commissioners; Chairman 
serves at the pleasure of the Governor. 



653 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



Officers: 

emor. 



Chairman is appointed by the Gov- Term: 4 years. 



EMPLOYMENT SECURITY COMMISSION 
ADVISORY COUNCIL 

[GS. 96-4{e)I 

Purpose: Aid the Employment Security Coun- 
cil in forming policies and discussing problems 
related to the administration of Employment Se- 
curity, and in assuring impartiality and freedom 
from poHtical influence in the solution of such 
problems. 

Composition: No specified number of members 
appointed by Governor. (An equal number of 
employees and employers who represent the 
State because of their vocation, employment or 
affiliation. Public members may be designated.) 

Term: Pleasure of Governor. 

ENERGY POLICY COUNCIL 

(G.S. 113B-3) 

Purpose: To develop and recommend to the 
Governor a comprehensive long-range State en- 
ergy policy to achieve maximum effective man- 
agement and use of present and future sources 
of energy. 

To conduct an ongoing assessment of the op- 
portunities and constraints presented by various 
uses of all forms of energ>' and to encourage the 
efficient use of all such energy . 

To continually review and coordinate all State 
government research, education, and manage- 
ment programs and educate and inform the gen- 
eral pubUc. 

To recommend to the Governor and to the 
General Assembly needed energy legislation and 
the changes for implementation. 

Composition: 18 members - 9 appointed by 
Governor; 2 by the President of Senate, 2 by the 
Speaker of the House, and 5 Ex officio. (2 Rep- 
resentatives, 2 Senators, 1 experienced in the 
electric power industry, 1 experienced in the na- 
tural gas industr>', 1 petroleum marketing indus- 
try, 1 economic analysis of energy requirements, 
1 environmental protection, 1 industrial energy 
consumption, 1 altemati\e sources of energy, 1 
city government, and 1 county government. Ex 
officio - Chairman of NC Utilities, Commis- 
sioner of Agriculture, Secretary of Natural Re- 
sources and Community Development, 
Secretaries of Economic and Community Devel- 
opment and Administration or their designees). 



Officers: Chairman appointed by Governor. 
Vice Chairman elected from and by membership. 

HAZARDOUS WASTE TREATMENT 
CO.MMISSION 
(G.S. 143B-470) 

Purpose: To provide for siting, construction 
and operation of comprehensive hazardous waste 
management facilities for cost-effective treatment 
and disposal of hazardous waste consistent with 
pubUc health and safety and maintenance of the 
environment. 

Seek communities interested in hosting hazard- 
ous waste treatment facihties and private opera- 
tors of hazardous waste treatment facihties and 
present appropriate sites to those operators. 

If no permit to operate treatment faciUty 
granted to operator by April 1, 1987, begin pro- 
ceedings to purchase, or if necessary condemn, 
property for treatment facility site(s) under the 
State's power of eminent domain, and seek pri- 
vate operators to construct facihty on such 
site(s). 

If no permit to operate a hazardous waste 
treatment facihty granted to operator by Sep- 
tember 1, 1987. submit plans to General Assem- 
bly for construction of a facUity and seek private 
operator, and if no private operator can be found, 
operate the facihty. 

Issue bonds and other notes of obhgation. 

Composition: 9 members, 3 appointed by the 
Governor, 3 by the Lt. Governor, and 3 by the 
Speaker of the House. Members of the General 
Assembly may not serve on the commission and 
no member may ser\'e more than two consec- 
utive four year terms. 

Term: 4 years. 

Officers: Chairman and Vice Chairman ap- 
pointed by Governor to ser\'e at his pleasure. 

INDUSTRIAL COMMISSION 

(G.S. 97-1 et seq.) 

(G.S. 143-291 et seq.) 

(G.S. 143-166.1 et seq.) 

Purpose: The Industrial Commission adminis- 
ters the Workers' Compensation Act; the State 
Tort Claims Act; the Law Enforcement Officers', 
Firemen's and Rescue Squad Workers' Death 
Benefit Act; and the Childhood Vaccine- Related 
Injury compensation Program. 

The Commission administratively processes 
non-contraverted matters under the various Acts 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



654 



STA TEMENTS OF ORGANIZA TIOIW 



and serves as a court in the hearing of contested 
matters arising under the same statutes. 

Composition: 3 members appointed by Gover- 
nor. The Commission employs Deputy Com- 
missioners, who are subject to the State 
Personnel Act. The Deputy Commissioners 
hold hearings and render decisions in contested 
cases. 

Term: Commissioners serve 6 year terms, with 
one of the three terms expiring every two years. 

Officers: Chairman is appointed by and ser\'es 
at the pleasure of the Governor. 

MILK COMMISSION 

(G.S. 106-266.7) 

The North Carolma .Milk Commission is an 
agency in the Department of Economic and 
Community Development, which operates under 
the provisions of G.S. 106-266.6, et seq. The 
Milk Commission licenses milk processors and 
distributors, establishes marketing and classifica- 
tion rules, producer base plans and minimum 
prices to be paid producers by processors for raw 
milk. Information and inquiries may be directed 
in writing to the Executive Secretary, North 
Carolina Milk Commission, 430 North Salisbury 
Street, Raleigh, North Carolina 27611, or by 
telephone (91^9) 733-3733. 

MOREME.AD CITY N.\MG.\TION AND 
PILOTAGE COM.MISSION 

(G.S. 76-1) 

Purpose: Make and establish rules and regu- 
lations for the qualification, arrangements, and 
stations of pilots. 

To govern the number of pOots necessar>" to 
maintain an effective pUotage service for the 
Morehead City Harbor and Beaufort Bar. 

Examination and hcensing of pUots for the 
Morehead Harbor and Beaufort Bar. 

Appoint and regulate pilots' apprentices. 

Set charges for pilotage rates. 

Cancel and suspend Licenses. 

To have jurisdiction over any matter of dispute 
between pilots or matters related to navigation in 
regulated areas. 

Retire pilots from active sen.ice. 

Composition: 3 residents of Carteret County 
appointed by Governor (none shall be Licensed 
pUots or immediate family) and representative 
mantime interests ser\"ing as ex olTicio, non- 
voting member. 



Term: 3 years. 

Officers: Chairman designated from voting 
membership by Governor. 

N.C. NATION.4L PARK, PARKWAY AND 
FOREST DEVELOPMENT COUNCIL 

(G.S. 143B-447) 

Purpose: To promote the development of that 
part of the Smoky .Mountains National Park ly- 
ing in NC; the completion and development of 
the Blue Ridge Parkway and the development of 
Nantahala and Pisgah national forests. 

To study the development of these areas and to 
recommend a policy that wiH promote the entire 
mountain section of NC with emphasis upon 
scenic and recreationaL resources and the en- 
couragement of the location of federal govern- 
ment and governments of adjoining states about 
federal areas and projects in this section. 

Advise and confer with interested individuals 
and organizations. 

Study the need for additional entrances to the 
Great Smoky Mountains National Park and file 
them with the National Park Sen'ice of the fed- 
eral government and the NC Departments of 
Transportation and Economic and Community 
Development. 

Composition: 7 members appointed b\' Gover- 
nor. ( 1 resident from each of the following 
counties: Buncombe, Ha>^vood, Jackson and 
Swain. 3 residents of counties adjacent to the 
Blue Ridge Parkway, the Great Smoky Moun- 
tain National Park or the Pisgah or Nantahala 
National Forests). 



Terr 



4 vears. 



Officers: Chairman elected by Commission. 

PORTS AUTHORITY 
(G.S. 143B-452) 

Purpose: Promote, develop, construct, equip, 
maintain, and operate the harbors and seaports 
within the State of within the jurisdiction of the 
state. 

To aid the shipment of freight and commerce 
through the ports. 

To increase the mo\cment of waterbome com- 
merce, foreign and domestic, to and through and 
from the harbors and ports. 

Composition: 1 1 members - 7 appointed by 
Go\emor: 2 by the Lt. Governor; and 2 by the 



655 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



ST A TEMENTS OF ORGANIZA TION 



Speaker of the House. (No member shall live in 
a House or Senate District containing a port. 
Speaker and Lt. Governor's appointees each 
serve 2 years.) 

Term: 6 years. 

Officers: Chairman and Vice Chairman ap- 
pointed by Governor. 

PORTS RAILWAY COMMISSION 
(G.S. 1438^69) 

Purpose: To operate and control all railway 
equipment and railway operations transferred to 
it by the State Ports Authority. 

To make agreements as to scale of wages, sen- 
iority and working conditions with railroad em- 
ployees. 

To apply for and accept loans. 



Composition: 

Governor. 

Term: 4 years. 



5 members appointed by the 



Officers: Chairman designated by the Governor 
to serve at his pleasure, Vice Chairman elected 
by and from membership, general manager se- 
lected by the commission with the approval of 
the Governor. 

RLRAL ELECTRIFICATION 
AUTHORITY 

(G.S. 117-1) 

Purpose: To secure electrical and telephone 
service for the rural districts of the State where 
service is not now being rendered. 

To review, approve, disapprove or cause to have 
modified all loan applications from the 28 rural 
electric and the nine rural telephone cooperatives 
prior to their submission to the federal Rural 
Electrification Administration. To respond to 
all complaints of consumers receiving service 
from these electric and telephone systems. 

Composition: 5 members appointed by Gover- 



Term: 4 years. 

Officers: Chairman and Secretar)- are elected 
by the Board. 

SAVINGS AND LOAN COMMISSION 

(G.S. 54-24-1) 



Purpose: To review, approve, disapprove or 
modify any action taken by the Administrator of 
Savings and Loan Division. 

Advise and assist the Administrator. 

Review recommendations of the Administrator 
regarding each apphcation for permission to es- 
tablish a new savings and loan association in the 
State and by majority vote approve or disapprove 
the recommendations of the Administrator. 

Composition: 7 members appointed by Gover- 
nor. (2 members currently serving as managing 
officers of state associations. At least 4 members 
representatives of the borrowing pubhc and not 
employees or directors of any fmancial institu- 
tion). 

Term: 4 years. 

Officers: Chairman and Vice Chairman are 
elected by the Commission. 

SE.VFOOD INDUSTRIAL PARK AUTHORITY 

(G.S. 113-315.25) 

Purpose: To develop and improve Wanchese 
Seafood Industrial Park and other such places, 
including inland ports and facilities for a more 
expeditious and efficient handling of seafood 
commerce. 

To acquire, construct, equip, maintain, develop, 
and improve the port facilities. 

Stimulate the shipment of seafood commerce 
through these ports, including the investigation 
and handling matters of transportation rates and 
rate structures. 

To generally aid in the development and im- 
provement of seafood industrial parks of the 
State of NC and to increase the movement of 
vvaterbome seafood commerce, foreign and do- 
mestic, to, through and from seafood industrial 
parks. 

Composition: 1 1 members - 9 appointed by 
Governor; 1 by President of the Senate; and 1 
by the Speaker of the House (1 Senator, 1 Rep- 
resentative, 1 resident of village or town where 
park is located, 2 members from area where park 
is located, 5 at-large v\ho represent other sections 
of State, no less that 5 members from coastal 
counties). 

Term: 4 years. 

Officers: Chairman and Vice chainnan are ap- 
pointed b)' Governor. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



656 



STA TEMENTS OF ORGANIZA TION 



TECHNOLOGICAL DEN ELOPMENT 

AITHORITY 

(G^. 143B-471) 

Purpose: to increase the rate at which new jobs 
are created in all regions of the state by stimulat- 
ing the development of existing and new small 
businesses. 

Apply for and accept grants of money from the 
L'nited States, the State of North Carolina, or 
any political subdivision thereof, or from any 
person, corporation, foundation or trust. 

Establish 'incubator' facilities to house and 
support small business concerns which are be- 
ginning, and to make one-time matching grants 
(not to exceed $200,000) to nonprofit corpo- 
rations affiliated with local colleges, universities 
and technical institutes to aid in the creation of 
such facilities. 

To provide equity fmancing for the research ac- 
tivities of new and existmg small businesses 
leading to the development of new or improved 
products or services. 

To make agreements with recipient businesses 
to ensure proper use of Authority awards and 
receipt of royalties, where appropriate. 

Composition: 12 members, 8 appointed by the 
Governor. 2 by the Lt. Governor, and 2 by the 
Speaker of the House. Consideration given to 
qualifications in technical fields as well as expe- 
rience in entrepreneurial business and capital 
formation. 

Term: 4 years, except 2 years for Speaker's ap- 
pointments. No members may ser\'e more than 
two complete, consecutive four year terms. 

Officers: Chairman designated by Governor to 
serve at his pleasure. Vice chairman elected from 
and by membership. 

LTILITIES COMMISSION 

(G.S. 62-10) 

Purpose: Exercise the power and authority to 
super\'ise and control the public utilities of the 
State. 

Super\ise the rates charged and senice rendered 
by all public utilities in the state. 

Employ qualified personnel to sen.'e as members 
of its staff. 

Composition: 7 members appointed by gover- 
nor with General .Assembly confirmation. 

Term: S vears. 



Officers: Chairman appointed by Governor 
every four years. 

LTILITIES COMMISSION 
(PLBLIC ST.AFF) 

(G.S. 62-15) 

Pur(X)se: Review, investigate, intervene, and 
make recommendations to the Commission re- 
lating to matters affecting the using and con- 
suming public. 

Composition: 78 employees. Executive Director 
appomted by Governor with General Assembly 
confirmation. Executive Director hires employ- 
ees, including professional, administrative, tech- 
nical, and clerical personnel. 



Officers: 

term. 



Executi\'e Director serving 6 year 



The following information is the process a citi- 
zen of North Carolina could seek information 
from the various divisions and agencies in the 
Department of Economic and Community De- 
velopment: 

Utilities Commission, 430 N. Salisburv" St., 
Raleigh, NC 27611, Contact Person,' Bob 
Wells*, 733-4249; Utilities Commission-Public 
Staff. 430 N. SaUsbur>- St., Raleigh. NC 27611, 
Contact Person, Robert Gruber, 733-2435; In- 
dustrial Commission, 430 N. Salisbury' St., 
Raleigh, NC 27611, Contact Person, Phil 
Wilson, 733-4820; Banking Commission, 430 N. 
Salisbur>- St., Raleigh. NC 27611, Contact Per- 
son. Doris PerPv'. 733-3016; Savings and Loan 
Commission; 430 N. SaUsbup.' St.. Raleigh, NC 
27611, Contact Person, Ron'Paxter, 733-3525; 
Credit I'nion Commission, 430 N. Salisbur>' St., 
Raleigh, NC 27611, Contact Person, Roy 
High**, 733-7501; Milk Commission. 430 N. 
Salisbury- St.. Raleigh, NC 27611. Contact Per- 
son. Grady Cooper. 733-3733; Rural 
Electrification Authority. 430 N. Salisbury' St., 
Raleigh. NC 27611, Contact Person, Arch 
Hathcock, 733-7513; Mutual Burial .Assoc. 
Commission, 430 N. Salisburv' St.. Raleigh, NC 
27611, Contact Person, Virginia Harris, 
733-3403; Cemeter\' Commission, 430 N. 
Salisbur,- St., Raleigh, NC 27611, Contact Per- 
son, Bill Gladden, 733-4915; .Alcoholic Be\-erage 
Control Commission. 3322 Old Gamer Rd., 
Raleigh. NC 27610. Contact Person, .Arm 
Euhon, 779-0700; Energ\- Division, 430 N. 
Salisbury- St.. Raleigh, NC 27611, Contact Per- 
son, Chris Mogensen, 733-2230; Employment 
Security Commission, 700 Wade Ave., Raleigh, 



65' 



5:10 NORTH CAROLINA REGISTER Auoust 15. 1990 



STA TEMENTS OF ORGANIZA TION 



NC 27605, Contact Person, Tom Whitaker, 

733-7546. 

^Through June 30, 1987 
**Through August 31, 1987 

NORTH CAROLINA DEPARTMENT OF 
CORRECTION 

The North Carolina Department of Correction 
is authorized under Article III, Section 11 of the 
Constitution of North Carolina as a principal 
department of State government. Pursuant to 
the Executive Organization Act of 1973, the De- 
partment is organized to include the Board of 
Correction, the Division of Adult Probation and 
Parole, the Division of Prisons, and the Parole 
Commission. In 1974, the General Assembly 
created the Inmate Grievance Commission as an 
autonomous agency within the Department. 

The primary responsibility of the Department 
is to provide for the control and rehabilitation of 
crimin:d offenders committed to its custody. 

The administrative head of the Department is 
the Secretary of Correction, who is appointed by 
and serves at the pleasure of the Governor. 

The Board of Correction shall assist the Secre- 
tary in the development of priorities and major 
programs within the Department. Board mem- 
bers are appointed by and serve at the pleasure 
of the Governor. 

The Division of Adult Probation and Parole is 
responsible for the supervision of probationers 
and parolees within the state. Additionally, it 
operates seven pre-release and aftercare centers 
which are designed to facilitate social adjustment 
of the former offender. The public may obtain 
information from the Division at 1307 Glen wood 
Avenue, Suite 260, Raleigh, North Carolina and 
by telephone at (919) 733-2957. 

The Division of Prisons is responsible for the 
management and operation of 86 prison facilities 
for the state prison system. It is divided into five 
commands: Eastern Geographic, Western Ge- 
ographic, Youth Services, Eemale Command and 
the Specialized Institution Command. The 
public may obtain information from the Division 
of Prisons at 831 West Morgan Street, Raleigh, 
North Carolina, 27603, and by telephone at (919) 
733-3226. 

The North Carolina Parole Commission is 
comprised of five full-time members appointed 



by the Governor. It is an autonomous agency 
within the Department. The Parole Commission 
determines parole eligibility and assists the Gov- 
ernor's Office with commutation and pardons. 
It is also authorized to revoke or suspend paroles. 
The public may obtain information from the 
Parole Commission at 831 West Morgan Street, 
Raleigh, North Carolina, 27603, and by tele- 
phone at (919) 733-3414. 

The Inmate Grievance Resolution Board is 
comprised of five members appointed by the 
Governor. The purpose of this Board is to pro- 
vide inmates with an administrative process for 
resolution of grievances or complaints. The 
public may obtain information from the Inmate 
Grievance Resolution Board at 1307 Glenwood 
Avenue, Suite 260, Raleigh, North Carolina, 
27605, and by telephone at (919) 733-2957. 

The public may obtain information about and 
make submissions or requests to the Department 
of Correction in person at 214 West Jones Street, 
Raleigh, North Carolina, 27603-1337, and by 
telephone at (919) 733-4926. 

NORTH CAROLESA DEPARTMENT OE 
CULTURAL RESOURCES 

The North Carolina Department of Cultural 
Resources was created in 1971. The first cabinet 
level agency of its kind in the United States, the 
new department brought together a number of 
existing councils, commissions, and agencies for 
the first time. 

The mission of the Department of Cultural 
Resources is to enrich the cultural, educational, 
and economic well-being of citizens and visitors 
to North Carolina through the preservation, de- 
velopment, promotion, and dissemination of ar- 
tistic, historical, and informational resources. 

This is done through the operation of the De- 
partment's three major divisions: yVrchives and 
History, the State Library, and the Arts Council, 
and two semi-autonomous agencies, the Mu- 
seum of Art and the North Carolma Symphony. 

NORTH CAROLINA STATE BOARD OE 
ELECTIONS 

The State Board of Elections serves the 
electorate by appointing and training County and 
Municipal Election Officials prior to each pri- 
man,' and election as mandated by law, providing 
copies of all election laws, rules and regulations. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



658 



STA TEMENTS OF ORGANIZA TION 



and ballots and registration forms as prescribed 
by law. 

The State Board must hear and act on com- 
plaints on failure or neglect of a Board of 
Elections as well as conduct investigations and 
hearings on complaints of fraud and irregularities 
in ;my elections or the Campaign Reporting Act, 
preparing presentations to Grand Juries. 

The Campaign Reporting Office provides the 
pubUc with camp^tign disclosures of campaign 
contributions and expenditures by candidates and 
committees and provides supervision of County 
Boards of Elections. 

OFFICE OF THE GO\ ERNOR 

The Office of the Go\emor is one of the 19 
major departments in the Executive Branch of 
State Government. The Office is comprised of 
such personnel as the Governor needs to carry 
out his functions as chief executive officer of the 
State and director of the budget. 

The following divisions and personnel of the 
Office of the Go\emor are located in the Ad- 
ministrative Building, 116 West Jones Street, 
Raleigh, NC 27603: The Governor's Office of 
Citizen .Affairs; Ombudsman's Office; Office of 
Budget and Management; Boards, Commissions 
and Personnel Appointments; Senior Education 
Advisor; Non-Pubhc Education: Special Assist- 
ant for Minonty .Affairs; Science Advisor; Gen- 
eral Counsel; Legal Counsel; Special Counsel; 
Legislative Counsel; Legislative Services; Execu- 
tive Advisor; and Agriculture Advisor, 

The Governor's Chief of Staff, Deputy Chief of 
Staff, Scheduler, Personal Secretary, and Com- 
munications Office are located at the State Capi- 
tol Buildmg, Raleigh, XC 27603. 

The Governor's Eastern Office is located at P. 
O. Box 985, New Bern, NC 28560. 

The Governor's Western Office is located at 
Haywood Buildmg, Suite 300, 46 Ha\'wood 
Street, AsheviUe, NC 28S01. 

The Go\emor's Washington Office is located 
at 444 B, Capitol Street, NW, Washington, DC 
20002. 

The Go\cmor's Mansion is located at 200 N. 
Blount Street, Raleidi, NC 27601. 



Mailing Address: 

Office of the Governor 

1 16 West Jones Street 

Raleigh, NC 27603-8001 

Telephone: (919) 733-5811 

NORTH CAROLINA DEPARTMENT OF 
HUMAN RESOURCES 

The North Carolina Department of Human 
Resources is one of the principal departments in 
the Executive Branch of State government. Its 
mission is to deliver or oversee the delivery' of 
human services to the citizens of North Carolina 
and to participate in the development of human 
resources in the State. 

To accomplish these objectives, the Department 
of Human Resources works to obtain needed 
legislation in the subject areas under its authority, 
adopts rules to govern the administration of its 
programs, and channels State and Federal funds 
to many local grantees and provider agencies in 
the service delivery system. As the supervision 
of programs and the allocation of funds carry 
with them significant responsibilities, the De- 
partment of Human Resources performs moni- 
toring and enforcement functions as well. 

The Secretary of the Department of Human 
Resources, the administrative head of the agency, 
is appointed by the Governor and serves at the 
pleasure of the Governor. 

The Department of Human Resources is di- 
vided into the following divisions: 

(1) Division of Aging; 

(2) Division of Facility Services; 

(3) Division of Economic Opportunity; 

(4) Division of Medical Assistance; 

(5) Division of Mental Health, Mental Re- 
tardation, and Substance .Abuse Services; 

(6) Division of Services for the Blind; 

(7) Division of Social Services; 

(8) Division of Vocational Rehabilitation 
Services: 

(9) Division of '^'outh Services; and 



659 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



(10) Division of Services for the Deaf and 
Hard of Hearing. 

Members of the public may obtain information 
from and make submissions or requests to the 
Department of Human Resources by communi- 
cating with the agency in writing or in person at 
101 Blair Drive, Raleigh, North Carolma 27603 
or by calling 1-800-662-7030. Inquiries con- 
cerning specific programs or subject areas within 
the purview of the Department of Human Re- 
sources may also be directed to the appropriate 
division. 



NORTH CAROLINA DEPARTMENT OF 
INSURANCE 

The Department of Insurance regulates the var- 
ious kinds of insurance sold in North Carolina 
and the companies and agents that sell it. 

Specifically, the Commissioner and the Depart- 
ment: 

• Oversee the formation and operation 
of insurance companies 

• Enforce fmancial standards for their 
licensing and operations 

• Regulate premium rates insurers may 
charge, the language in their 
insurance policies, and their risk 
classification systems 

• Require periodic fmancial disclosures 
by insurers and agents 

• Provide for audits of insurers in 
order to monitor their solvency 

• License and regulate agents, brokers, 
and claims adjusters 

• Determine what kinds of insurance may 
be sold in this State 

• Provide information and assistance to 
insurance consumers who may be 
having problems with their coverage 

• Prohibit unfair and deceptive trade 
practices by per.sons in the 
business of insurance. 

• PUBLIC SP:RV1CES GROUP 



The AGENTS SERVICES DIVISION licenses 
and regulates insurance agents, adjusters, brokers, 
and damage appraisers; reviews applications for 
and oversees hcensing examinations; and main- 
tains a fde on every licensed individual doing 
business in North Carolina. 

The CONSUMER SERVICES DIVISION helps 
North Carolina consumers get answers to their 
insurance questions and resolve their insurance 
problems. A large staff of consumer specialists 
advises and acquaints consumers with courses of 
actions they may pursue to solve their particular 
problems. 

• COMPANY SERVICES GROUP 

The FINANCIAL EVALUATION DIVISION 
monitors the solvency of insurance companies; 
reviews admission applications of foreign, do- 
mestic, and surplus lines companies seeking to 
do business in the State; audits domestic and 
foreign insurance organizations; and helps assure 
the solvency and stability of employers and em- 
ployer groups that self-insure their workers' 
compensation liabilities. 

The ACrUARIAL SERVICES DIVISION assists 
in the review of rate, form, and statistical filings. 
It also conducts actuarial studies for fmancial 
evaluation of insurers and is involved in special 
projects and studies. 

The INFORMATION SYSTEMS DIVISION is 
responsible for all Departmental data processing, 
word processing, office automation, and data and 
voice communications. 

• TECHNICAL SERVICES GROUP 

The FIRE AND CASUALTY DIVISION reviews 
homeowners, farmowners, automobile, workers' 
compensation, and other personal and commer- 
cial property or casuality insurance poUcies, rates, 
and rules. It also Ucenses rating, advisory, and 
underwriting organizations. 

The LIFE, ACCIDENT, AND HEALTH DIVI- 
SION reviews rate, rule, and policy form filings 
made by lite and health insurance companies. It 
also administers ad\ertising and life insurance re- 
placement regulations. 

The MARKET CONDUCT DIVISION monitors 
insurance company behavior in the marketplace 
and its effect on consumers. It also conducts 
field examinations of the market practices of 
insurers and their representatives. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



660 



STA TEMENTS OF ORGANIZA TION 



• REGULATORY SERVICES GROUP 

The SPECIAL SERVICES DIVISION licenses 
and regulates insurance premium finance com- 
panies, professional bail bondsmen and runners, 
collection agencies, and motor clubs. It also in- 
vestigates all related complaints. 

The INVESTIGATIONS DINISION investigates 
criminal and civU violations of the State's insur- 
ance laws. Requests for investigations come 
from within the Department and from consum- 
ers, law enforcement agencies, local. State, and 
federal agencies, and insurance companies. 

• SAFETY SERVICES GROUP 

The ENGINEERING DIVISION administers the 
State Building Code. Providing staff to the N.C. 
Building Code Council and the N.C. Code Offi- 
cials Qualifications Board, it comprises seven 
sections: Code Consultant, Electrical, Mechan- 
ical, Modular, Inspector Certification, BuUding 
Code Council, and Accessibility, which o\ersees 
compUance with accessibility requirements for 
the handicapped. 

The MANUFACTURED HOUSING DINISION 
sees that construction standards for manufac- 
tured homes are complied with and that warranty 
obligations under State law are met. It monitors 
the handling of consumer complaints, licenses 
the makers, dealers, sales representatives, and 
set-up contractors of manufactured homes and 
provides staff sen.'ices to the N.C. Manufactured 
Housing Board. 

The STATE PROPERTY FIRE INSUR.-\NCE 
FUND DIN'ISION administers the self-insurance 
fund for State-owned property and vehicles. It 
collects premiums from those State agencies re- 
sponsible for payment, investigates claims, ad- 
justs losses, and pays losses with Council of State 
approval. 

The RISK MANAGEMENT DI\TSION assists 
local governments with property and casualty 
insurance programs and pro\ides staff and re- 
search ser\'ices to the Public OtTicers' and Em- 
ployees' Liability Insurance Commission. It is 
also charged with making a\'ailable a plan of 
professional liability coverages for law enforce- 
ment officers, public officials, and employees of 
any political subdivision of the State. 

The FIRE AND RESCUE SFRXICES DIXISION 

administers the Eiremen's Relief Eund, trains fire 



departments and rescue squads, and works to 
improve fire and rescue protection in conjunction 
with the N.C. Firemen's Association and N.C. 
Association of Rescue Squads. It also adminis- 
ters matching grants to volunteer fire depart- 
ments and rescue squads and offers fire 
prevention education in the public schools. 



BO.\RDS AND CO.MMISSIONS IN THE 
DEP.\RTMENT 

• N.C. Self- Insurance Guaranty 
Association 

• N.C. Code OtTicials Qualifications 
Board 

• N.C. BuHding Code Council 

• N.C. Manufactured Housing Board 

• N.C. Health Insurance Trust 
Commission 

• N.C. .Medical Database Commission 

• N.C. Fire and Rescue Commission 

• N.C. .-Arson Awareness Council 

• N.C. Public Officers' and Employees' 
Liability Insurance Commission 

SPECIAL PROGRAMS .\ND SERVICES 

• SENIORS HEALTH INSUR.ANCE INFOR- 
M.A.TION PROGR.AM-SHIIP has trained thou- 
sands of adults in nearly every county in the State 
to counsel senior citizens in the areas of Medi- 
care, Medicare supplement and long-term care 
insurance policies, and claims procedures. 

• OFFICE OF MINORITY' ASSISTANCE-OMA 
provides assistance to minonties, women, and 
economically disadvantaged persons, profes- 
sionals, and businesses. 

• N.C .MEDICAL D.ATABASE COMMISSION- 

The Commission serves as a public source of 
data for analyzing health issues and for making 
decisions about the planning, management, de- 
hver\', and purchase of health care ser\ices. 

• .MARKET ASSISTANCE PROGR-AM-- Begun 
as a result of an availabihty crisis in commercial 
liability insurance, M.-\P helps individuals and 
businesses locate needed cos'erages. 



661 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



• REGIONAL OFFICES- The Department's of- 
fices in New Bern and Asheville have brought the 
full range of Department services closer to the 
public. 

NORTH CAROLINA DEPARTMENT OF 
JUSTICE 

2 West Morgan Street 
Raleigh, North Carolina 

The North Carolina Department of Justice was 
created under the provisions of General Statutes 
Chapter 114. The Department is under the 
supervision and direction of the Attorney Gen- 
eral, who is elected by the qualified voters of the 
State for a four-year term pursuant to Article III, 
§ 7 of the North Carolina Constitution and is a 
member of the Council of State. The Depart- 
ment is organized into five principal subdivisions. 

ADM1MSTR.\T10N DIMSION - (733-3377) 

Administration provides administrative services 
and support to the other branches of the De- 
partment of Justice. It is comprised of the: 

(1) Otfice of the Controller; 

(2) Budget Section; 

(3) Personnel Section; 

(4) Purchasing/ Property Section. 

LEGAL SERVICES DIVISION 

Legal Services is comprised of approximately 
165 attorneys together with support staff of 
paraprofessionals, secretaries, and clerical em- 
ployees. The Division provides a complete range 
of legal services to State agencies, boards, and 
commissions and to State officials and employees 
in matters arising out of their official duties. It 
also provides services to certain local agencies 
and officials. The Legal Division is divided into 
divisions and sections, which generally relate to 
areas of legal specialization. 

( 1 ) fhe Administrative Division, comprised 
of the: 



Human Resources and Medical Facilities 
Section (733-4618) 

Legislative Drafting and Codification Sec- 
tion (733-6026) 

Real Estate Section (733-9580) 

Service to State Agencies Section (733-6026) 

Tort Claims Section (733-3805) 



(2) The Civil Division, comprised of the: 

Highwav Section (733-3316) 
Labor Section (733-4721) 
Property Control Section (733-7408) 
Motor Vehicles Section (733-3254) 
Revenue Section (733-3252) 

(3) The Criminal Division, comprised of the: 

Appellate Section (733-6012) 
Correction Section (733-7188) 
Crime Control Section (733-7952) 
Federal Habeas Corpus Section (733-3109) 
Medicaid Investigations Section (733-5760) 
Special Prosecutions Section (733-2011) 

(4) The Trade and Commerce Division, 



Collections Section (733-4029) 
Elections Section (733-6026) 
Health and Public Assistance 

(733-4618) 



Section 



comprised of the: 

Consumer Protection/Antitrust Section 

(733-7188) 
Environmental Section (733-5725) 
Utilities/ Insurance Section (733-6118) 

(5) Special Litigation Education (733-3786 / 
733-7387) 

POLICY AND PLBLIC AFFAIRS DIVISION 

(733-3377) 

This branch is instrumental in developing 
internal and external policy for the Department 
and provides liaison between the Department 
and the media, the legislature, and the general 
public. 

TRAINING AND STANDARDS DIVISION 

(733-3377) 

The Division promotes professional develop- 
ment and integrity in the criminal justice pro- 
fessions through developing standards for 
employment and certification and providing pro- 
fessional training and technical assistance. The 
Division provides coordinated staffing support to 
various boards, commissions, and associations in 
the criminal justice field, provides criminal justice 
training courses and instructional resources, pro- 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



662 



STA TEMENTS OF ORGANIZA TION 



vides police legal advice to local agencies, and 
publishes current material of interest to those in 
the criminal justice field. The Division is com- 
prised of the: 

(1) Criminal Justice Standards Division 
(733-2530) 

(2) Justice Academy. P.O. Drawer 99, 
Salemburg, N.C. 28385 (919) 525-4151 

(3) Justice OtTiccrs' Standards Division 
(733-9236) 

(4) Law Enforcement Liaison Section 
(733-4723) 

The Division administers, in addition, the Infor- 
mation Services Section, which provides techni- 
cal assistance, maintenance, and training related 
to the office automation network of the Legal 
Services Division. J he Section's telephone 
number is 733-9236. 

Members of the public may obtain information 
or make requests to the Department of Justice 
by writing to the North Carolina Department of 
Justice, P.O. Box 629, Raleigh, North Carolina 
27602 or by calling (919) 733-3377.' Inquiries 
concerning specific subject areas may be directed 
to the appropriate division or section as listed 
above. Persons desiring to communicate with 
the State Bureau of Investigation should use the 
address or telephone numbers set out below. 

STATE Bt RFAl OF l\\ ESTIG.\TION 

3320 Old Gamer Road 

Raleiah, North Carolma 27610-5698 

telephone (919) 779-1400 

This division of the Department of Justice is 
charged with the responsibility for providing 
methods for identification and apprehension of 
criminals, for the scientific analysis of e\idence 
of crime, and preparation of evidence to be used 
in criminal courts. It also has a specific 
investigator.' function with regard to certain types 
of crime when the investigation is ordered by the 
Go\emor and or the Attorney General. This 
function includes assisting sheriffs, police officers, 
district attorneys, and judges and investigating 
controlled substance violations, lynchings, mob 
violence, election fraud, Social Security fraud, 
gambling, theft or damage to State property, and 
other crimes specified in .Vrticle 4 of General 
Statutes Chapter 114. It has the added respon- 
sibihty for coordinating and providing inter- and 



intra-state communications among law enforce- 
ment agencies. The Bureau is comprised of the: 

(1) Administrative Division (779-1400) 

(2) Field Investigation Division (779-1400) 

(3) Crime Laboratory (779-1400) 

(4) Division of Criminal Information 
(733-3171) 

The Bureau pro\ides administrative support to 
the: 

(1) Private Protective Services Board 
(779-1611), which is responsible for the 
adoption and enforcement of regulations 
and standards and administration of stat- 
utes governing licensing, education, and 
training of persons, firms, and corpo- 
rations acting as or engaged in the busi- 
ness of providing private armed or 
unarmed security guards, including private 
investigators; and 

(2) Alarm Svstems Licensing Board 
(779-1611), which is responsible for the 
adoption and enforcement of regulations 
and standards and administration of stat- 
utes go\cming licensing, education, and 
trainmg of persons, firms, and corpo- 
rations engaged in the business of selling, 
installing, servicing, or responding to 
alarm systems designed to detect unau- 
thorized entPy' or intrusion. 

NORTH CAROLINA DEPARTMENT OF 
LABOR 

The Department of Labor is an independent 
executive agency created under Chapter 95 of the 
North Carolina General Statutes. I'he depart- 
ment is responsible for promoting the safety, 
health and general well-being of the industrial 
population of the state. The department admin- 
isters and enforces health and safet\ regulations, 
wage and hour laws, apprenticeship regulations, 
mine and quany regulations, elevator, 
amusement device and aerial passenger tramway 
regulations, boiler and pressure vessel regu- 
lations, regulations for prixate employment 
agencies, the hazardous chemical right-to-know 
law and the migrant housing law. In addition, 
the department offers arbitration and mediation 
sen.'ices for labor management disputes. 



663 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



The Commissioner of Labor, who is a member 
of the Council of State and elected by the people 
of the state for a term of four years, is the exec- 
utive and administrative head of the department. 
The Commissioner is assisted by an assistant 
commissioner and a special assistant for produc- 
tivity. 

The department is organized into three major 
groups, each under the supervision of a deputy 
commissioner. These groups are Administration 
and Regulation, Education and Training, and 
Health and Safety. 

The Administration and Regulation Group is 
supervised by the Chief Deputy Commissioner. 
This group is composed of the Arbitration, 
Conciliation and .Mediation Division, the Private 
Personnel Ser\'ice Division, the Research and 
Statistics Division, and the Wage and Hour Di- 
vision. 

The Arbitration, Conciliation and Mediation 
Division works to promote permanent labor- 
management peace and to protect the interests 
and rights of labor, management, and the people 
of the state by the prevention and prompt settle- 
ment of labor disputes. The division offers (1) 
voluntary arbitration services of labor disputes 
through its voluntary arbitration panel, (2) con- 
ciliation and mediation services in labor disputes, 

(3) educational services in labor relations, and 

(4) technical services in labor relations. 

The Private Personnel Services Division regu- 
lates and licenses private personnel services and 
job listing services by enforcing the provisions of 
the Regulation of Private Personnel Services Act 
and the Regulation of Job Listing Services Act. 

The Research and Statistics Division compiles 
and publishes comprehensive data on occupa- 
tional injuries and illnesses in the state. The di- 
vision also assembles and publishes monthly data 
on building activity in North Carolma by county 
and by cities. 

The Wage and Hour Division enforces the 
minimum wage, overtime, wage payment, and 
youth employment laws of the state. The divi- 
sion investigates worker complaints and collects 
back wages due employees. 

The Fducation and Training Group is organized 
into two divisions: Apprenticeship and Training, 
and Pre-Apprenticeship. 



The Apprenticeship and Training Division pro- 
motes and monitors a broad range of appren- 
ticeship programs designed to train 
joumeyman-level craftworkers to meet the de- 
mands of industries for high-skilled workers. 
Apprenticeship programs are established with 
private employers or under the sponsorship of 
labor-management committees. Apprenticeships 
combine on-the-job experience with related 
technical training furnished by the individual 
employer or at a technical institute or commu- 
nity college. The division estabhshes standards, 
approves apprenticeship programs which meet 
established criteria, is a records depository and 
issues completion certificates to citizens who 
complete apprenticeship training. 

The Pre-Apprenticeship Division promotes op- 
portunities for skills training through on-the-job 
training programs, pre-apprenticeship programs, 
and skills up-grading programs. Division repre- 
sentatives meet employers to help design skill 
training programs designed to meet the employ- 
ers' needs. 

The Health and Safety Group is organized into 
six divisions: the Boiler and Pressure Vessel Di- 
vision, the Elevator and Amusement Device Di- 
vision, the Migrant Housing Division, the Mine 
and Quarry Division, the Occupational Safety 
and Health Division and the Right-to-Know Di- 
vision. 

The Boiler and Pressure Vessel Division regu- 
lates the construction, installation, repair, alter- 
ation, inspection, use and operation of vessels 
subject to the Uniform and Pressure Vessel Act 
of North Carolina. The division conducts peri- 
odic inspections, monitors inspection reports by 
certified insurance company inspectors, and is- 
sues operating certificates to owners and opera- 
tors whose equipment is found to be in 
compliance with the act. 

The Elevator and /Vmusement Device Division 
is responsible for the proper installation and safe 
operation of all elevators, escalators, workers' 
hoists, dumbwaiters, moving walks, aerial pas- 
senger tramways, amusement rides, inclined rail- 
ways and lifting devices for persons with 
disabilities which operate in public estabhsh- 
ments and private places of employment. 

The Migrant Housing Division administers a 
program for the registration and inspection of 
housing provided to migrant agricultural workers. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



664 



.ST.^ TEMEiVTS OF ORCANIZA TION 



The Mine and Qu:im' Division enforces the 
Mine Safety and Health Act of North Carolina. 
The division conducts a program of inspections, 
education and training, technical assistance, and 
consultation to unplcment the Act. The division 
also assists mine and quarrv' operators to comply 
with the pro\isions of the 1977 federal .Mine 
Safety and Health Act. 

The Occupational Safety and Health (OSH) 
Di\ision administers and enforces the Occupa- 
tional S;ifcty and Health Act of North Carolina 
which is a broadly inclusive law that applies to 
most private sector employment in the state, and 
to all agencies of state and local government, in 
addition to enforcing the state OSHA standards, 
the program offers free consultatisc services, ed- 
ucation and training opportunities, and engi- 
neering assistance to employers under its 
jurisdiction. The OSH Division also administers 
the Safety Awards Program which recognizes 
private firms and public agencies which achieve 
and maintain good safety records. 

The Right-to- Know Division administers the 
North Carolina Hazardous Chemicals Right-to- 
Know Act of 1985 wliich requires all users of 
hazardous chemicals in amounts of at least 55 
gallons or 500 pounds to provide lists of these 
maten;ds to local lire chiefs. 

Si.N. ad\isor\' groups assist the Commissioner 
with pohcy dc\clopment and program planning. 
These are the Apprenticeship Council, the Board 
of Boiler and Pressure \'essel Rules, the Industry 
Advisor}' Board, the Mine Safety and Health 
Advisorv' CouncU, and the Occupational Safety 
and Health Advisory Council, and the Private 
Personnel Services Advisor)" Council. A separate 
unit independent from the Department of Labor 
is the Occupational Safet_\' :md Health Review 
Board, \s hich hears appeals of citations and pen- 
alties imposed by the OSH Division and whose 
members are appointed by the Governor. 

The public may obtain information from and 
make submissions or requests to the Department 
of Labor in person or by mail at 4 West Edenton 
Street, Raleigh, North C;irolma 27601 or by 
telephone as follows: 

Administration 
(919) 733-7166 

Apprenticeship and framina Division 
(919) 733-7533 '' 



Arbitration, Conciliation and Mediation 

Division 

(919) 733-7495 

Boiler and Pressure Vessel Division 

(919) 733-2383 

Communications Division 
(919) 733-4904 

Elevator and Amusement Device Division 

(919) 733-7394 

Librarv 
(919) 733-2799 

Migrant Housing Di%ision 
(919) 733-8731 

Mine and Quarry Division 

(919) 733-7428 

Occupational Safetv and Health Division 
(919) 733-2486 

Personnel Division 
(919) 733-6943 

Pre- Apprenticeship Di\ision 
(919) 733-6550 

Private Personnel Service Di\ision 
(919) 733-4895 

Publications Division 
(919) 733-6590 

Research and Statistics Division 
(919) 733-4^40 

Rislit to Know Di\ision 
(919) 733-2658 

Safetv Awards Proijam 
(919) 733-5683^ 

Watie and Hour Division 
^(919) 733-2152 

NORTH CAROLFSA DEPARTMENT OE 
CRIME CONTROL AND PUBLIC SAEETV 

The North Carolina Department of Crime 
Control and Public Safety was established by the 
1977 General Assembly to ser%c as an umbrella 
department for essential State government ser- 
\ices related to the well-being of its citizens. As 
its name implies, the department serves as the 



665 



5:10 !\ORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



State's chief coordinating agency for controlling 
crime and protecting the public. 

When you attend a Community Watch meeting 
or observe a trooper catch a speeder, remember 
the Department of Crime Control and Public 
Safety is working hard to reduce and control 
crime. 

By the same token, when you hear of hurri- 
canes, plane crashes or nuclear accidents, know 
also that Crime Control and Public Safety will 
be on the scene to make sure disaster victims re- 
ceive aid and help. 

Wherever or whatever the need, the Department 
of Crime Control and Public Safety is working 
with you to make North Carolina a safer and 
better place to live. 

The office of the Secretary of the Department 
of Crime Control and Public Safety is located in 
the Archdale Buildmg in Raleigh. The depart- 
ment has nine divisions: .AJcohol Law Enforce- 
ment, Butner Public Safety, Civil Air Patrol, 
Crime Prevention, Emergency Management, 
Governor's Crime Commission, North Carolina 
National Guard, North Carolina State Highway 
Patrol, and Victim and Justice Services. 

Alcohol Law Enforcement 

The Division of Alcohol Law Enforcement 
(ALE) enforces the State's laws governing the 
sale, purchase, transportation, manufacture and 
possession of intoxicating liquors and controlled 
substances. Anyone who sells beer, wine or al- 
cohol in North Carolina must have a license. 
Before that license can be issued, an ALE agent 
must investigate the applicant and the place 
where the products will be sold. Once the license 
is granted, ALE agents check back periodically 
to ensure that no liquor or drug laws are being 
violated, such as selling alcohol to a minor. With 
the passage of the Safe Roads Act of 19S3 and 
the drinking age change law of 1986, ALE is 
making a special effort to reduce the sale of al- 
cohol to anyone under the age of 21. ALE 
agents routinely conduct undercover operations, 
utilizing under-age persons, to check licensed 
outlets to see if they arc selling to minors. 
Enforcement is one part of an ALE agent's job. 
Public education and awareness are also impor- 
tant. ALE conducts Dri\mg While Impaired 
(DWI) Source Prevention seminars at which 
employees of outlets are instructed about irre- 
sponsible ser\ice of alcohol. ALE agents also 
speak to community, church, civic, professional 



and school groups about alcohol laws and regu- 
lations. 

Butner Public Safety 

Butner Public Safety officers are trained to per- 
form a variety of functions. These officers pro- 
vide police and fire protection to the patients and 
staffs of the State hospitals at Butner and other 
surrounding State and federal facilities, including 
the 4,600-acre National Guard Training Range. 
Their jurisdiction covers some 35 square miles. 

Officers patrol the streets of Butner and the 
grounds of the more than 1 1 State facilities and 
are also responsible for fire pre\ention and sup- 
pression. When a frre occurs at any facility, in- 
cluding Butner P'ederal Correctional Facility, 
these unique officers are on the scene. One hour, 
they may be called on to fight a raging fire, and 
the next hour, these same officers may be called 
on to capture a bank robber. Butner Public 
Safety officers are trained to do each job with 
skill and courage. 

Civil Air Patrol 

The Civil jMt Patrol (CAP) is a volunteer or- 
ganization and an otficial auxiliar, of the L nited 
States /Mr Force. CAP has three missions of 
service to the public. Its primary responsibilities 
are to perform search and rescue missions for 
missmg or downed aircraft and to provide disas- 
ter relief assistance during emergencies. CAP 
personnel play a vital role in the State's emer- 
gency plan. Personnel fly aircraft for transpor- 
tation, aerial photography, and courier service. 
The Civil Air Patrol's communications system 
provides backup commumcations during disas- 
ters. 

CAP also promotes aerospace education. In- 
terest in aerospace education is encouraged by 
membership in the CAP cadet program. The 
cadet program is a strong part of CAP's ser\ice 
to North Carolinians. It gives men, women, 
children opportunities for leadership and educa- 
tion through aviation. Cadets regularly partic- 
ipate in drills and exercises to test the readiness 
of each squadron to respond to a caU for assist- 
ance. 

There are 37 squadrons in the North Carolina 
CAP wing. Many CAP members operate their 
own airplanes and fly at their own expense. 
Membership dues, donations, grants, estates. 
State funds and Air Force reimbursements ac- 
count for a large portion of the CAP budget. 



5:10 NORTH CAROLINA REGISTER August 15. 1990 



666 



ST A TEMENTS OF ORGANIZA TION 



Crime Prevention 

The Crime Prevention Division works to pre- 
vent crimes against property, crimes of violence, 
and juvenile crimes in North Carolina. The di- 
vision provides crime prevention education to the 
citizens of North Carolina through various or- 
ganizations, including law enforcement, schools, 
community groups, and news media. The goal 
is to get citizens involved in the fight against 
crime by establishing community, county, and 
statewide crime prevention programs. 

Staff members in the Crime Prevention Division 
keep track of changing crime trends and stay 
abreast of the latest State and national crime 
prevention programs. In addition to providing 
technical assistance to organizations, crime pre- 
vention specialists also help citizens to overcome 
the fear of crime. 



Superfund Amendments and Reauthorization 
Act, known as SARA. This act concerns emer- 
gency planning and community right-to-know 
laws for potentially harmful materials. The 
13-member Commission is responsible for ap- 
proving emergency response plans to handle 
these materials in the event of an accident at 
hazardous waste or chemical plants in the State. 

Governor's Crime Commission 

The Go\emor's Crime Commission is the chief 
advisor)' board to the Governor and the Secretary 
of Crime Control and Public Safety on crime and 
justice issues. The Crime Commission is made 
up of 40 members, including the heads of state- 
wide criminal justice and human services agencies 
as well as representatives from the courts, law 
enforcement, local government, and legislature. 
Juvenile justice officials and concerned citizens 
also ser\e on the Crime Commission. 



A variety of crime prevention programs are 
promoted and coordinated by the division. 
These include Community Watch, Crime Pre- 
vention in Public Housing, Crime Prevention in 
Business, Sexual Assault Prevention, Child 
Safety Identification. Crime Stoppers, Athletes 
Against Crime. A \ariety of materials is avail- 
able, free of charge, from the di\ision. 

Emergency Management 

The Division of Emergency .Management is re- 
sponsible for protecting North Carolinians from 
the effects of disasters, natural and manmade. 
The division off'ers assistance to local and county 
otTicials through the State office and six area of- 
fices strategically located across North Carolina. 
Division personnel work with local governments 
to develop emergency action plans for such haz- 
ards as chemical spUls, fires, floods, tornadoes, 
hurricanes and nuclear mcidents. These plans are 
routinely tested by communities during drills and 
table-top exercises with the assistance of the di- 
\ision's training staff. 

When an emergency arises or a disaster threat- 
ens, the State's response is directed by the State 
Emergency Response Team (SERT). Repre- 
sentatives from each agency involved in the 
emergency response serve on the team. This 
team works out of the Emergency Operations 
Center (EOC) in Raleigh. 

The division also administers and pro\'ides staff 
to the N.C. f-'mergency Response Commission. 
This Commission was formed as required by the 



As a coordinating and planning body, the 
Commission studies issues and makes reports to 
the Governor on a wide range of criminal justice 
subjects and has been a force behind the passage 
of such laws and programs as North Carolina's 
tough Driving While Impaired (DWT) law, 
Community Ser\'ice Work Program, Community 
Watch Program, and Rape Victim Assistance. 
Community-based alternatives to prison, in- 
school suspension, juvenile court counselors, and 
computerized criminal justice information sys- 
tems were also recommended by the Crime 
Commission. 

National Guard 

The North Carolina National Guard, with its 
more than 13,000 members, has a dual role. It 
is a State militia subject to the call of the Gov- 
ernor, and it is a federal reserve force subject to 
the call of the President. Led by the Adjutant 
General, the Guard raises and trains ground and 
air troops for mobilization when State or na- 
tional emergencies require military support. The 
North CaroUna Army National Guard is located 
in more than 100 communities across the State 
with more than 12.000 personnel. The North 
Carolina .Air National Guard, with units in 
Baden and Charlotte, has more than 1,300 per- 
sonnel. 

As part of its peacetime mission, the National 
Guard assists the public in times of emergency 
or civil disorder. Guard aviation units support 
local go\'emments in searching for missing per- 
sons, assist law enforcement with aerial searches 



667 



5:10 SORTH CAROLINA REGISTER Auoust 15, 1990 



STA TEMEiWTS OF ORGANIZA TION 



for marijuana, and carry drinking water to 
drought-stricken communities or those whose 
supplies have been contaminated. To maintain 
its readiness for wartime missions, Guard troops 
are trained and equipped like their counterparts 
on active military duty. The State is responsible 
for raising and training the troops to federal 
standards. 

State Highway Patrol 

Since 1929, the North Carolina State Highway 
Patrol has provided for the safety of the motoring 
pubUc by enforcing motor vehicle laws on the 
State's highways. The largest State law enforce- 
ment agency, the Patrol has more than 1,100 
uniformed members. The patrol is divided into 
eight troops headquartered in Greenville, 
Faycttevdle, Raleigh, Salisbury, .Monroe, 
Newton, Greensboro and Ashevdle. Each head- 
quarters has its own motor pool, and its sophis- 
ticated radio network links each Trooper to his 
headquarters. 

The Highway Patrol maintains a comprehensive 
training center near Raleigh for the training of 
new Troopers and continuing in-service schools. 
New Troopers study constitutional and motor 
vehicle laws and learn pursuit driving and 
firearms techniques. State Troopers provide 
many additional services to North Carolinians 
such as assisting stranded motorists, directing 
traffic at sporting events and the State Fair, and 
providing security to the Governor and his fam- 
ily. The Patrol plays a vital role in the State's 
emergency response plans. An>'time a local 
government has a law enforcement or emergency 
problem, they may call on the State Highway 
Patrol for help. Troopers have been called on to 
help evacuate victims of natural disasters or to 
transport blood, donor organs, or seriously iU 
people. 

\ ictim and .Justice Sor>ices 

The Division of Victim and Justice Services ad- 
ministers statewide victim and community service 
programs. The victims programs include the 
Crime Victims Compensation Program. This 
program reimburses persons who suffer 
uninsured medical expenses and lost wages as a 
result of being crime \ictims. Victims may re- 
ceive a ma.ximum of $20,000, plus an additional 
$2,000 for funeral expenses if the victim dies from 
the crime. Claims must be submitted to the N.C. 
Crime Victims Compensation Commission for 
verification and approval. 



The Rape Victim Assistance Program provides 
financial assistance up to $500 for victims of rape 
and sexual assault. This program also under- 
writes a standardized rape evidence collection kit 
which is used by hospitals to collect evidence. 

The division operates the North Carolina Center 
for Missing Persons. Trained staff members at 
the Center assist local law enforcement agencies 
to locate missing persons, especially children. 
They also help famiUes coordinate searches and 
exchange information with law enforcement 
agencies and the National Center for Missing and 
Exploited Children. Calls are received from a 
24-hour toU free hotUne (1-800-522-5437). 

The community service programs include: 
Driving While Impaired (DWI) Community 
Service, First Offender Programs (Misdemeanor 
and Felony Division), Court-Ordered Commu- 
nity Service, and Early Release Parole Commu- 
nity Service. To administer these programs, the 
division has field offices in each of the 34 judicial 
districts in North Carolina. 

NORTH CAROLINA DEPARTMENT OF 

ENA IRONMENT, HEALTH, AND 

NATURAL RESOURCES 

P.O. Box 27687 

Raleigh, North Carolina 27611 

(919) 733-4984 

The Department of Environment, Health, and 
Natural Resources has two primary duties: 

To promote and protect the public 
health of the citizens of the state; 

To pro\ide for the management and 

environmental protection of the 

State's natural resources; the air, wa- 
ter, land, and coastal resources. 

The head of the Department is the Secretary 
who is appointed by the Governor and serves at 
the pleasure of the Governor. 

In addition to administrative functions, the De- 
partment is organized into the follow ing divisions 
and programs: 

ENVIRONMENT.AL PROTKCIION DIMSIONS 

Division of Coastal Management 

Division of Fn\ironmental Management 

Division of Land Resources 

Di\ision of Radiation Protection 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



668 



STA TEMENTS OF ORGANIZA TION 



Division of Solid Waste Management 
Division of Water Resources 

PUBLIC HEALTH DIVISIONS 

Division of Adult Health Services 

Division of Postmortem Medicolegal 

Examination 

Division of Dental Health 

Division of Envirormiental Health 

Epidemiologv' Division 

Division of Laboratory' Services 

Division of Maternal and Child Health 

NATURAL RESOLRCES DIVISIONS 

Division of Forest Resources 

Division of Marine Fisheries 

North Carolina Zoological Park 

Division of Parks and Recreation 

Division of Soil and Water Conservation 

OTHER 

Office of Environmental Education 
Office of Waste Reduction 



The Wildlife Resources Commission and its 
staff are responsible to the Department for coor- 
dinating and reporting purposes. 

A detailed account of each division follows. 

ENMRONMENTAL PROTECTION 
DIMSIONS 



DIVISION OF COASTAL MANAGEMENT 

225 North McDowell Street - Cooper Building 

P.O. Box 27687 

Raleiah, NC 27611-7687 

(919) 733-2293 

The Division is responsible for implementing 
the North Carolina Coastal Management Pro- 
gram for the protection, preservation, orderly 
development and management of the state's 
twenty coastal counties. The Di%'ision provides 
staff support to the Coastal Resources Commis- 
sion and Coastal Resources Advisor,- Council 
created by the Coastal .\rea Management Act 
(CAMA) of 1974 (G.S. 113A-100 et''seq.). The 
Division processes major development permits, 
determines consistency of state and federal grants 
and projects with the North Carolina Coastal 
Management Program, prepares guidelines for 



local land use plarming in the coastal counties, 
administers grants to local governments for 
planning, permitting and beach access programs, 
and acquires and manages coastal and estuarine 
resen'es as natural areas for research, education 
and preservation. 

ORGANIZATION 

Permitting and Enforcement This section is re- 
sponsible for securing and reviewing state, federal 
and public comments on CA.MA major devel- 
opment permit application, drafting proposed 
decision documents, maintaining permit file, and 
reviewing federal agency actions, grants, and per- 
mit decisions for consistency the North Carolina 
Coastal Management Program. Field services 
are provided from four regional district offices 
located in Elizabeth City, Washington, 
.Morehead City and Wilmington. The field staff 
handles direct contact with CAMA major devel- 
opment permit applicants, including on-site 
evaluations of permit applications, and supports 
local government administration of the CA.MA 
minor development permit program. The field 
staff is also responsible for enforcement actions 
against violators of permit conditions and other 
CAMA rules. 

PoUcv and Planning This section pro\ides 
technical support for the Division and Coastal 
Resources Commission. Raleigh staff conducts 
studies and administers grants necessary to sup- 
port program operations, develops and evaluates 
proposed rules and policies for CAMA imple- 
mentation, and re\iews proposed revisions to 
.Area of En\ ironmental Concern designations. 
Field staff provides technical assistance to local 
governments for land use plarming. beach access, 
and other local planning and management 
projects. The section assists in development of 
policy relating to such issues as wetlands, marina 
siting, public trust waters, cumulative impacts 
and resource evaluation. 

Coastal Resen.'es This section is responsible for 
the identffication, acquisition, and management 
of critical coastal natural areas to be preserved in 
a natural state for future research and education. 
The unit also coordiaates research and education 
activities for six reserve sites, including Zeke's 
Island, the Rachel Carson Reserve, the Currituck 
Banks Reser\'e, .Masonboro Island, Permuda Is- 
land, and Bu.\ton Woods. 

Public Information. This unit is responsible for 
education and public mformation services, in- 
cludmg media contacts, presentations, work- 



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5:10 \ORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



shops, newsletters, 
related materials. 



journals, brochures, and 



COASTAL RESOURCES COMMISSION 

The Coastal Resources Commission was cre- 
ated to administer the Coastal Area Management 
Act of 1974. The Commission consists of 15 
members appointed by the Governor to represent 
specified interests. 

The Commission is responsible for developing 
a management program for the coastal area by 
designating Areas of Environmental Concern in 
the 20 coastal counties; by adopting policies, 
standards and guidelines for coastal development 
and natural resource protection; and by approv- 
ing local governments' land use plans (N.C.G.S. 
113A-104). 

COASTAL RESOURCES ADVISORY COUNCIL 

The Coastal Resources Advisory Council con- 
sists of not more than 47 members. The Council 
assists the Secretary of Environment, Health, and 
Natural Resources and the Coastal Resources 
Commission in an advisory capacity on technical 
questions relating to the development of rules 
and pohcies, and other matters arising under the 
Coastal Area Management Act (N.C.G.S. 
113A-105). 

COASTAL RESERVE ADVISORY 
COMMITTEES 



ORGANIZATION 

Air Quality Section. The Air Quality Section 
conserves and protects the State's air resources. 
The section develops air quahty standards and 
emission control standards, and monitors air 
contaminant sources. The section administers 
the federal regulations which have been delegated 
to the State by the Environmental Protection 
Agency. By implementing the State and federal 
regulations designed to prevent significant deteri- 
oration, the section preserves the quaJity of clean 
air and the potential for continued economic 
growth. 

Water Quahty Section. The Water Quahty 
Section strives to maintain the quality of the 
State's surface waters at levels sufficient to pro- 
tect their best intended uses. The Section per- 
forms four major functions: water quahty 
monitc^ring which provides data for permit issu- 
ance and comphance, water quality assessments 
and special projects; computer modeling which 
evaluates the impacts of proposed discharges and 
recommends protective wastcload allocations; 
permitting which sets permissible pollution levels 
for both discharging and nondischarging 
wastewater treatment systems; and planning 
which updates and maintains water quality 
standards and classifications and administers the 
State's nonpoint source pollution program. The 
Section wiU also initiate technical assistance or 
enforcement actions to correct permit or stand- 
ards violations. 



The Advisory Committee has been formed for 
each fully acquired Coastal Reserve under the 
Coastal Reserve Program. Each committee in- 
cludes local officials, scientists, educators, adja- 
cent landowners and site users. Reference to 
these advisory committees is included in 15 
NCAC 70 .0104. 

DIVISION OF ENVIRONMENTAL 
MANAGEMENT 

P.O. Box 27687 

Raleigh, NC 27611 

(919) 733-7015 

The Division is responsible for comprehensive 
planning and management of the state's air, sur- 
face water, and groundwater resources. The Di- 
vision issues permits to control sources of 
pollution; monitors comphance at permitted fa- 
cilities; evaluates ambient environmental quahty; 
and pursues enforcement actions for violations 
of environmental regulations. 



Laboratory Section. The Laboratory Section 
pro\ides anahtical services to support the air, 
water and groundwater programs in the Division 
through two regional laboratories and a central 
laboratory. The regional laboratories are prima- 
rily responsible for bacteriological and bio- 
chemical analyses. The central laboratory 
provides a much broader range of chemical ana- 
lyses. The Laboratory' Section administers a 
certification program for commercial, municipal, 
and industrial laboratories performing wastewater 
analyses for permit holders. The laboratory staff 
also provides consultation assistance and limited 
training to municipalities and mdustries. 

Groundwater Section. The Groundwater Sec- 
tion protects groundwater quality and promotes 
the wise management of the resource. The pro- 
gram objectives are threefold: 1) to prevent 
pollution by limiting the potential for the dis- 
charge of pollutants to the groundwaters; 2) to 
restore groundwater quahty where impacted by 
man's activities; 3) to understand the factors 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



670 



57".^ TEMEiXTS OF ORGANIZA TION 



and conditions afTecting the use and availability 
of groundwater. 



and air pollution incidents and may assess pen- 
alties for violations of water and air standards. 



The section issues permits for certain classes of 
wells and registers water well contractors and 
pump installers. 

Constaiction Grants. The Construction Grants 
Section helps local units of go\emment fmance 
wastewater pollution control facilities. It ad- 
ministers both the EPA Construction Grants 
Program and the Federally seeded State Revolv- 
ing Fund (SRF) program which provide funding 
for wastewater treatment facilities. The Section 
pro\ides technical re\'iew and certification for 
State funds under the N.C. Clean Water Re- 
volving Loan Program. It also ser\es as a re- 
source to local communities for providing 
diagnostic evaluations of wastewater treatment 
facilities through the Municipal Compliance Ini- 
tiative program. The Section also operates a 
Small Communities Outreach program to assist 
the State's smaller communities to achieve sol- 
utions to their wastewater treatment problems. 

WASTEW.ATER TRE.AT.MENT PL.A.NT 

OPER_ATORS CERTIFICATION 

COMMISSION (AVWTPOCC) 

The purpose of the WWTPOCC is to protect 
the pubhc health and to conser\'e and protect the 
quality of the water resources of the State. The 
Commission protects the pubUc investment in 
wastewater treatment facilities b\' classifying 
wastewater treatment plants and requiring, 
through examination and certification, compe- 
tent plant operators. North Carolina law creates 
the WAVTPOCC and empowers the Commission 
to adopt rules with respect to the certification of 
treatment plant operators. 

EN\1R0NMENT.\L M.-\N.-\GEMENT 
COMMISSION 

The Fn\'ironmental Management Commission 
is created and empowered under Chapter 
143B-2S2 of the General Statutes of North 
Carolina. The seventeen member commission 
promulgates rules necessar,' to protect, presen,'e, 
and enhance the water and air resources of the 
State. Included in its duties are, the authoritN' to 
grant pennits and orders to control sources of air 
and water pollution; permit and inspect dam 
construction; establish water and air quality 
standards and classifications; protect the land and 
waters from oil pollution and leaking under- 
ground storage tanks storing oil or hazardous 
substances. The Commission investigates water 



DIVISION OF L.\ND RESOLRCES 

P. O. Box 27687 

Raleish, NC 27611 

(919) 733-3833 

The Di\ision of Land Resources is a Division 
of the Department of En\'ironment, Health, and 
Natural Resources which is created bv G.S. 
1438-279 and G.S. 1438-275. The purpose of 
the Division of Land Resources is to protect and 
conserve the State's land, minerals, and related 
resources through the effective implementation 
and management of programs related to 
sedimentation pollution control, mined land rec- 
lamation, dam safety, land records management, 
geodetic survey, and mineral resources inventory, 
analysis, conservation, and development. 

ORGANIZ.-VriON 

Geodetic Survey Section. The pnmar\' acti\ity 
of the Geodetic Survey Section is to place pre- 
cisely positioned, monumented survey points, 
often called stations, marks, or benchmarks, 
throughout the State for use in boundary' surveys, 
chart making, transportation systems and other 
related activities. These survey points become a 
part of the North Carolina Coordinate system, 
which is an X and Y grid co\ering North 
Carolina. 

Land Records Management Program. The 
Land Records Management Program provides 
technical assistance to counties in modernizing 
their land records through orthobase mapping, 
orthophotos and computers. This program also 
makes fmancial grants to counties, through an 
application process funded by the General As- 
sembly, for modernizing county land records. 

Geological Survey Section. The Geological 
Survey Section examines, surveys and maps the 
geologv" of the State and publishes reports and 
maps for the private sector and the general pub- 
lic. The Section also administers the Oil and Gas 
Conservation Act. 

land Quality Section. The Land Quality Sec- 
tion IS responsible for administering the North 
Carolina Mining Act of 19"'!, the North CaroUna 
Sedimentation Pollution Control Act of 1973, 
and the North Carolina Dam Safety Act of 1967 
(G.S. 143-215). In addition, this Section pro- 
\ides staff support for the Mining Commission 
and the Sedimentation Control Commission. 



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5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



NORTH CAROLINA MINING COMMISSION 

This 9-member commission is appointed by the 
Governor to function as the regulatory body for 
the enhancement of the mining resources of 
North Carolina and to insure that mining activity 
is accomplished in a manner that protects the 
environment and the health, safety and welfare 
of the public pursuant to the North Carolina 
Mming Act of 1971 (G.S. 74-50 and 74-76). 

NORTH CAROLINA SEDIMENTATION 
POLLUTION CONTROL COMMISSION 

This 11 -member commission is appointed by 
the Governor to function as the regulatory body 
for the administration and enforcement of mini- 
mal mandatory standards which wiU permit de- 
velopment of North Carolina to continue with 
the least detrimental effects from pollution by 
sedimentation pursuant to the Sedimentation 
PoUution Control Act of 1973 (G.S. 113A-50). 

NORTH CAROLINA ADVISOR^' CO.MMITTEE 
ON LAND RECORDS 

This 12-member committee is appointed h\ the 
governor to advise the department on establish- 
ing standards, and providmg technical assistance 
to local governments in implementing and main- 
taining minimum standards with regard to: 

1 - uniform indexing of land records; 

2 - uniform recording and indexing procedures 

for maps, plats, and condominiums; and 

3 - security and reproduction of land records. 



(Land Records Management Program 
143-345.6). 



G.S. 



DIVISION OF RADI.VTION PROTECTION 

P.O. Box 27687 

701 Barbour Drive 

Raleieh. NC 27611-7687 

(919) 733-4283 

The purpose of the Division of Radiation Pro- 
tection is to protect the public and the environ- 
ment from radiation hazards. I'nder the North 
Carolina Radiation Protection Act and rules of 
the North Carolina Radiation Protection Com- 
mission, the Division implements programs for 
regulatory permitting of facilities for the receipt 
and use of radioacti\e material, accelerators, x- 
ray machines and tanning et]uipmcnt and for 
management of low-level radioactiNc waste. The 



Division also implements programs for ambient 
and source-oriented environmental radiation sur- 
veillance, for response to radiation emergencies 
and for advising the public on any radiation 
concerns. 

ORGAN IZ.AFION 

Nuclear Facilities and Fn\ironmental Radiation 
Sun.'eillance Section. This Section develops and 
implements monitoring and evaluation programs 
for radiation and radioactive contamination levels 
in the statewide environment and in the off-site 
environs of facilities with potential for release of 
radiation and radioactivity to the ensironment. 

Radioactive .Materials Section. This Section li- 
censes and inspects radioactive material and par- 
ticle accelerator facilities to ensure protection of 
the public, workers and en\'ironment from radi- 
ation hazards. This Section specifically regulates 
and permits the receipt, possession, use, transfer 
and disposal of radioactive material and particle 
accelerators. 



X-Rav Control Section 



This Section registers 
and inspects aU x-ray machines and facilities 
(medical, industrial, research, etc.) in the State 
with emphasis on worker, public and patient 
protection. This Section is also currently imple- 
mentmg new registration requirements for all 
tanning-facilities in the State. 

RADIATION PROTECnON COMMISSION 

This 21 member Commission (1 1 \oting public 
and 10 nonvoting ex-officio) is appointed by the 
Governor and is empowered to promulgate rules 
to be foUowed in the administration of a radi- 
ation protection program. Through the active 
use of their committees, the> ad\ise the Depart- 
ment in the development of comprehensive poli- 
cies and programs for the evaluation, 
determination, and reduction of hazards associ- 
ated u ith the use of radiation. 

Dl\ ISION OF SOLID \V.\S1 E M.VN.VGEMENT 

P.O. Box 27687 

40 1 Oberlm Road 

Raleiah, NC 27611-7687 

(919) 733-4996 

The Division is responsible for management of 
solid waste in such a fashion that protects the 
public health and en\ironment. This is accom- 
plished by pro\iding comprehcnsi\e plans for 
management of solid waste, hazardous waste, and 
the clean-up of uncontrolled waste sites, pro\id- 



5:10 iXORTH CAROLINA REGISTER AiiQust 15, 1990 



672 



STA TEMEIS'TS OF ORGAMZA TION 



ing technical assistance to local go\ emments and 
waste generators for waste minimization and 
waste management, issuing permits for waste fa- 
cilities, investigating sites, initiating enforcement 
actions for \10lation5, and pro\"idmg a public ed- 
ucation program. 

ORGANIZATION' 

Solid Waste Section. This Section is responsi- 
ble for developing, implementing and maintain- 
ing a comprehensi\'e program for the 
management of solid waste. This is accom- 
plished through permitting and compliance eval- 
uations of sanitarv' landfdls, waste to energ\' 
facilities, medical waste facilities, demolition 
landtlUs, transfer facilities, recycling facilities and 
septage disposal sites. ,\ssistance is provided to 
local governments with planning strategies and 
implementation of recycling programs. Indus- 
tnal recycling programs are certified in order for 
mdustnes to qualify for tax exemptions. Educa- 
tional efforts relating to soUd waste management 
issues are also provided to government, industn,', 
and pri\'ate citizens. 

Superfund Section. This Section is responsible 
for e\aluatmg uncontrolled hazardous waste sites 
in NC. The Section works with the US Envi- 
ronmental Protection Agency to identify the 
most serious sites in the State, known as Na- 
tional Priority List (NPL) sites. Ihe Section also 
e\-aluates uncontrolled hazardous waste sites 
which will not be cleaned up by the Federal 
Government. These sites may be cleaned up 
under the State Inactive Hazardous Sites Pro- 
gram. 

Hazardous Waste Section. The Hazardous 
Waste Section educates the pubhc and regulates 
the hazardous waste community by providing 
technical assistance through indi\'idual consulta- 
tions and seminars, implements waste minimiza- 
tion and certification of industrial recycling reuse 
programs for hazardous waste, issues operating 
permits that specify requirements which each 
hazardous waste treatment, storage or disposal 
facility must meet, and conducts compliance au- 
dits and, with the cooperation of the State At- 
torney General's Oftice, takes enforcement 
actions against those found in violation. 

HEALTH SER\'1CLS COMMLSSION 

The Division of Solid Waste Management in 
carrying out the programs it is responsible for, 
establishes rules and cnlbrces these rules as 
adopted by the Health Ser\ices Commission. 



DIVISION OF WATER RESOURCES 

P.O. Box 27687 

Raleigh, NC 27611 

(919j 733-4064 

The Division of Water Resources manages 
programs for planning, technical assistance, and 
fmancial assistance for river basin management, 
water supply, water conservation, navigation, 
stream clearance, flood control, beach protection, 
aquatic weed control, hydroelectric power, and 
recreational uses of water. The Division devel- 
ops plans and special studies in cooperation with 
local governments and other state and federal 
agencies on complex water resource problems 
related to regional water use and interstate river 
basins. 

ORGANIZ.ATION 

Water Resources Planning Section. The Water 
Resources Planning Section develops plans and 
special studies in cooperation with local govern- 
ments and other state and federal agencies, per- 
forms instream flow studies, conducts aquatic 
weed control projects, de\'elops water use 
projections for municipal, county, and regional 
water supplies, provides technical and fmancial 
assistance for local government-sponsored water 
development projects, prepares environmental 
assessments of major projects affecting water re- 
sources, and administers the Stream Watch Pro- 
gram and North Carolina Risers Month. 

Water Supplv Assistance Section. The Water 
Supply Assistance Section pro\ides technical as- 
sistance to counties, municipalities, and other, 
public water supply systems and their consult- 
ants. Some of the services provided include: 
surveys of existing water supply systems, investi- 
gation of alternative and emergency raw water 
sources, coordination of regional cooperation 
between local water supply systems, evaluation 
of future water demands, information on sources 
of fmancial assistance and water conservation, 
and notification to municipalities of potential 
water shortages. 

HvdrologN" and .Management Section. The 
H\"drolog)' and .Management Section provides 
information and interpretive studies on surface 
water and groundwater to other State agencies, 
federal agencies, and municipal and industrial 
water users and their consultants. Study topics 
include: reservoir operation, reservoir yield, 
groundwater modelling for water supply plan- 
rung, and low flow frequency. 



6-3 



5:10 \ORTH CAROLISA REGISTER 



August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



ENVIRONMENTAL MANAGEMENT 
COMMISSION 

The Environmental Management Commission 
(EMC) receives staff support from the Divisions 
of Environmental Management, Water Re- 
sources, and Land Resources. The primary 
statutes administered by the Division of Water 
Resources for the EMC are the Water Use Act 
(GS 143-215.11 et seq.), the Water Emergency 
Act [GS 143-354(b)-(e)|, and the Federal Water 
Resources Development Projects Act (GS 
143-215.38 et seq.). 

AQUATIC WEED COUNCIL 

The Aquatic Weed Council meets quarterly to 
coordinate the activities of the numerous agencies 
involved in aquatic weed control and to exchange 
information on aquatic weed control methods. 
The Council reviews the proposed weed control 
program developed by the Division of Water 
Resources each year to assure that all effects on 
the environment and on public health have been 
adequately evaluated. 

PUBLIC HEALTH DIVISIONS 

DIVISION OF ADULT HEALTH SERVICES 

1330 Saint Mary's Street 

P.O. Box 27687 
Raleigh, NC 27611-7687 

(919) 733-7081 

The Division administers programs in the fol- 
lowing areas: adult screening, arthritis, cancer 
control/prevention, diabetes, epilepsy 

diagnosis, treatment, health promotion, home 
health, human tissue donation, hypertension, 
kidney disease prevention/treatment, migrant and 
refugee health, and pharmacy services. Division 
programs provide for planned, programmatic ef- 
forts to prevent or reduce risks for chronic dis- 
eases, and refer and/or treat persons identified as 
having chronic diseases. 

ORGANIZATION 

Health Promotion Section. This section estab- 
Ushes and maintains cooperati\e relations with 
local health departments and other health ser- 
vices providers in order to improve the health 
status, quality of Ufe and productivity of adult 
North Carolinians by preventing disease, disabil- 
ities, and injury'. 



Health Care Section. The goal of the Health 
Care Section is to improve the health status, 
quahty of life and productivity of medically indi- 
gent and other disadvantaged residents of North 
Carolina by reimbursing providers who dehver 
specified preventive and treatment health and 
medical care services. 



COMMISSION OF ANATOMY 

The purpose of this Commission is to oversee 
the disposition of unclaimed bodies and of do- 
nated bodies for the purpose of promoting the 
study of anatomy. 

GOVERNORS COUNCIL ON PHYSICAL 
FITNESS AND HEALTH 

This council consists of 10 members including 
a chairman. (See 130A-33.41 for members 
structure). The functions and duties are sum- 
marized as follows: 

(1) To promote interest in the area of physical 
fitness; to consider the need for new State 
programs in the field of physical fitness; 

(2) To examine current programs of physical 
fitness available to the people of North 
Carolina, and to make recommendations 
to the Governor for coordination of pro- 
grams to prevent duplication of such ser- 
vices; 

(3) To serve as an agency for recognizing 
outstanding developments, contributions, 
and achievements in phvsical fitness in 
North Carolina; (See 13dA-33.40 for de- 
tailed duties). 

(.'VU other commission functions are within the 
Commission for Health Services) 

DIVISION OF POSTMORTEM MEDICOLE(;.\L 
EXAMINATION 

Office of the Chief Medical Examiner 

Brinkhous- Bullitt Buildinu 

Chapel Hill, NC 27599-7580 

(919) 966-2253 

The purpose of the Medical Examiner System 
is to investigate and certify deaths that are unat- 
tended, suspicious, or the result of violence 
(homicide, suicide, accident). The Division of 
Postmortem Medicolegal Examiner conducts 
medicolegal autopsies and to.xicological analyses, 
and consults with and supports the work of over 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



674 



STA TEMENTS OF ORGANIZA TION 



600 physicians who volunteer their senices as 
local medical examiners. 

(The body with nilemaking authority for this 
Division is the Commission for Health Sen,ices) 

DIVISION OF DENTAL HEALTH 

2431 Crabtree Boulevard 

Gateway Plaza 

Raleish, NC 27602 

(919j 733-3853 

The mission of the Division is to promote, 
protect and assure dental health among the citi- 
zens of North Carolina. Current Division goals 
focus on improving oral health through the re- 
duction of dental decay and periodontal disease. 
Program activities in dental disease pre\ention 
include the appropriate use of fluorides, dental 
health education, and dental care services. The 
Di\ision pro\ides fmancial and technical assist- 
ance to municipal water systems to start and 
monitor local water fluoridation activities. The 
Division also runs school water supply 
fluoridators and fluoride mouthrinse programs, 
and promotes the use of supplements. Dental 
health education is provided to children and 
adults to improve individual behavior patterns in 
oral hygiene and dietary^ practices and routine 
professional care. Dental screening and referral 
is offered to targeted school children and adults. 
Limited clinical ser\ices stressing prevention and 
the use of pit and fissure sealants are available in 
some counties for indigent children. 

(The body with rulemaking authority for this 
Division is the Commission for Health Services) 

DIMSION OF ENVIRONMENTAL HEALTH 

1330 Saint Mar\-'s Street 

P.O. Box 27687 
Raleiali, NC 27611-76S7 

("919) 733-2870 

TTie Division is responsible for administering 
eight programs in the following areas: food and 
lodging sanitation, institutional sanitation, rrulk 
sanitation, on-site sewage, shellfish samtation. 
public water supply plans review, coastal 
mosquito management and sleep products sani- 
tation. 

ORGANIZATION 



Fn\ironmental Health Sen,'ices Sectic 



The 

En\ironmental Health Ser\ices Section goal is to 
protect the health, safety, and well being of resi- 
dents and \isitors of North CaroUna from po- 



tential health hazards in the areas of food 
lodging, and institutions; to oversee on-site sew- 
age collection, treatment, and disposal systems; 
to maintain the sanitary Grade "A" milk supply, 
and to assure that marketed shellfish, scallops 
and Crustacea are safe for human consumption. 

Public Water Supplv Section. The purpose of 
the Public Water Supply Section is to ensure that 
safe, potable water is available in adequate 
quantities to the residents and visitors of the state 
served by public water supphes by assuring that 
such supplies are properly located, constructed 
and maintained. This is accompUshed through 
a program which includes review and approval 
of water supply sites - plans and specifications, 
review of required laboratory reports of water 
samples from water systems, inspections, con- 
struction and training and follow-up investi- 
gations of spills and other contamination. 

Public Health Pest Management Section. I'he 
Public Health Pest Management Section protects 
the residents of North Carolina from mosquito 
transmitted diseases, tick transmitted diseases and 
the nuisance and economic hardship produced 
by these organisms. The section provides edu- 
cation and training to the public and to public 
health professionals in\ ohed in pest management 
and enforces the laws and administrative rules for 
mosquito control on impounded waters of North 
Carolina. In addition, the section protects the 
public from disease and injur)" caused by bedding 
which contains disease-causing organisms, 
flammable materials, and toxic or irritant chemi- 
cals and materials by inspecting and testing 
bedding products at the point of sale and manu- 
facture. 

WATER TRE.ATMENT FACILITY' 
OPER.ATORS CERTIFICATION BOARD 

In 1969 the General Assembly passed the law- 
providing for the certification of water treatment 
facility operators. G.S. 90A-20 states that the 
purpose of the certification program is "to pro- 
tect the public health and to consen.e and protect 
the water resources of the State; to protect the 
public in\estmcnt in water treatment facilities; to 
proN'ide for the classifying of public water treat- 
ment facilities; to require the examination of wa- 
ter treatment facility operators and the 
certification of their competency to super\'ise the 
operation of water treatment facilities; and to es- 
tablish the procedures for such classification and 
certification''. 



675 



5:10 NORTH CAROLINA REGISTER 



August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



(All other commission functions are within the 
Commission for Health Services) 

EPIDEMIOLOGY DIVISION 

225 North McDoweU Street 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-3421 

The Division is responsible for administration 
of 17 diversified programs in the following areas: 
general communicable disease control, AIDS, 
immunization, tuberculosis control, sexually 
transmitted disease control, injury prevention, 
driver medical evaluation, chemical tests for al- 
cohol, industrial hygiene consultation, dusty 
trades, occupational health nursing, asbestos 
hazard management, environmental 

epidemiology, pesticides, lead poisoning, 
veterinary public health and vital records. These 
programs provide for the assessment of risks 
posed to the population by certain 
communicable diseases environmental or occu- 
pational hazards, and such human hazards as the 
drinking driver. This assessment is accomplished 
through statistical surveillance, investigative 
epidemiology, and applied research. Once the 
risks are assessed, the various programs work to 
eliminate or control the risks through measures 
such as early treatment, immunization against 
vaccine-preventable diseases, epidemiologic 
follow-up of cases, and education of the public. 

ORGANIZATION 

Communicable Disease Control. This section 
attempts to minimize the occurrence and control 
the spread of communicable diseases in North 
Carolina through surveillance, investigation of 
outbreaks, issuing control measures, 

immunization, treatment, consultation, educa- 
tion, and the provision of resources to local pro- 
viders primarily local health departments. 

Occupational I lealth Section. The purpose of 
this section is to ensure safe and healthful work 
environments for all employees in North 
Carolina by aiding in the reduction of illness, 
disability and discomfort arising from physical 
and biological stress or exposure to chemicals in 
the work environment. There arc four basic 
program efforts: occupational health nursing 
consultation, industrial hygiene consultation, 
dusty trades, and asbestos hazard management. 

Vital Records Section. Vital Records maintains 
and operates a statewide system to register vital 
records involving local registrars, deputy 



registrars, hospitals, physicians, medical records, 
register of deeds, clerks of court, funeral directors, 
midwives, and others. The program obtains and 
preserves permanently a record of each birth, 
death, fetal death, marriage and divorce which 
occurs in the state and retrieves and certifies or 
verifies these records for the entire population of 
North Carolina. 

Environmental Epidemiology Section. Envi- 
ronmental Epidemiology assumes sole responsi- 
bility in state government for assessment of 
human risk due to advancements in technology 
as well as changes in North Carolina industry 
that increase risks of toxic and hazardous chemi- 
cals to individuals and groups. In addition, all 
health interests including private physicians, local 
health departments and hospitals use Environ- 
mental Epidemiology staff as the authoritative 
word on rabies and other diseases which are 
transmitted from animals to man and pose a 
threat to the health of the population of the 
State. 

Injury Control Section. This section was cre- 
ated within the Epidemiology Division in Janu- 
ary 1989, incorporating the programs of the 
existing Highway Safety Branch, Driver Medical 
Evaluation Program and Chemical Tests for Al- 
cohol Program, and adding a new program in 
injury prevention. The major functions of the 
Section are to plan, develop, evaluate and coor- 
dinate injury control projects and to provide 
technical assistance to local health departments 
and the Epidemiology Division. 

INJURY PREVENTION TASK FORCE 

The duties of the task force are to: 

(1) promote coordination of state injur>' pre- 
vention efforts so their resources can be 
used efficiently; 

(2) strengthen injury prevention efforts in the 
state; 

(3) serve as a resource to the injury control 
section of DEHNR; and 

(4) encourage study and discussion of safety 



(AH other commission functions are within the 
Commission for Health Services) 

DIVISION OF LABORATORY SERVICES 

306 North Wilmington Street 

P.O. Box 28047 

Raleigh, NC 27611 

(919) 733-7834 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



676 



57".^ TEMENTS OF ORGANIZA TION 



This di\'ision provides testing clinical and envi- 
ronmental specimens as a service to physicians, 
local health departments, other laboratories, as 
well as public and private organizations to aid in 
the monitoring, diagnosis and treatment of health 
problems; endeavoring to improve the quality 
and relevance of laboratory services performed 
across the state. 

ORGANIZATION 



The mission of the Division is to assure, pro- 
mote and protect the health of families, with 
emphasis on women of childbearing age, infants, 
children, and adolescents. The Division has two 
goals. One goal is to improve pregnancy out- 
come. Another goal is to enhance the health, 
growth and development of aU children and ad- 
olescents. The general nutrition program and the 
Office for Prevention are administered out of the 
Division office. 



Cancer Cytology- Section. This section exam- 
ines cervical Pap smears for abnormal cells. 

Environmental Science Section. This section 
provides environmental anahlical services to a 
variety of programs dealing with microbiological, 
chemical, and radiological environmental con- 
cerns. It is also the certification group for 
drinking water and milk laboratories. 

Laboratory- Impro\ement Section. This section 
provides training, proficiency testing and consul- 
tation for other laboratories. 

Microbiology Section. This section assists in 
epidemiological in\'estigations to establish the 
incidence of communicable disease and prevent 
the spread by isolating and identifying bacterial, 
mycotic, and parasitic agents of disease. 

Newborn Screening Clinical Chemistr\' Section. 



This section analyzes blood collected on filter 
paper from aU infants bom in the State for 
thyroid hormones, phenylalanine (PKU), 
galactose and hemoglobins (A,S,C,F). The sec- 
tion also analyzes blood for lead absorption lev- 
els, ABO groupings and Rh typing, as weU as 
performing antibody screens on Rh negative pa- 
tients. Screening testings are done to detect and 
monitor chronic diseases. 

Virolo.gy /Serology Section. This section de- 
tects, isolates and identities chlamydia and vi- 
ruses. The section also does serologic tests for 
immune status to diagnose bacterial, chlamydial, 
fungal, mycoplasmal, parasitic, rickettsial, and 
viraJ diseases. 

(The body with rulemaking authority for this 
Division is the Commission for Health Services) 

DIMSION OF MATERNAL AND CHILD 
HEALTH 

P.O. Box 27687 

Raleigh, NC 27611-7687 

(919) 733-3816 



ORGANIZATION 

Women's Health Section. The Women's 
Health Section, through contracts with local 
providers and tertiary centers, seeks to reduce the 
incidence of poor pregnancy outcome by pro- 
viding comprehensive care to low income 
women. Services include prenatal care, women's 
preventive health services and preconceptional 
health services. Other programs and grants ad- 
ministered by this Section include adolescent 
pregnancy prevention projects, deli\ery funds, 
high risk maternity clinics, the Sudden Infant 
Death Syndrome Program, and Healthy Gener- 
ations special projects grant. 

Children and Youth Section. The Children and 
'^'outh Section focuses on preventive health ser- 
vices for children such as child health screening 
through local health departments, school health, 
and genetic services. It also concentrates on early 
identification, evaluation and treatment of chil- 
dren with chronic handicapping conditions. The 
goal of the section is to prevent arid amehorate 
disabilities in an effort to ma.ximize each individ- 
ual's fife potential. The section administers the 
ChUd Health Program, the School Health Pro- 
gram, the Genetic Health Care Program, the 
Sickle Cell Syndrome Program, the Develop- 
mental Evaluation Centers Program, and Chil- 
dren's Special Health Services. 

Women, Infants and Children Section. The 
goal of the Women, Infants and Children Section 
is to improve the pregnancy outcome and health 
status of women and children determined to be 
at risk (deiincd as pregnant, postpartum and 
breastfeeding and lactating women, and infants 
and children from birth to five years of age who 
have household incomes of less than 185 percent 
of the federal poverty le\el) through the pro- 
vision of supplemental foods, nutntion education 
and referral to health care. 

REDUCTION OF INFANT MORTALITY 
CO.M.MISSION 



677 



5:10 NORTH CAROLINA REGISTER 



August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



The Commission has the following duties: 

(1) advises the governor on measures neces- 
sary to reduce current rate of infant mor- 
tality and morbidity; 

(2) assesses existing programs concerning the 
health of women and infants during their 
fu-st year of life including prenatal care, 
whether such programs be pubhc or pri- 
vate. A principle goal of this assessment 
shall be the elimination of duplication and 
gaps in establishing effective and efficient 
delivery of services; 

(3) facihtate coordination of existing or pro- 
posed state and local programs relating to 
prenatal care and reduction of infant 
mortality and morbidity; 

(4) determine whether such existing programs 
above are in need of assistance in carrying 
out their purpose and to determine 
whether such programs in need of assist- 
ance would benefit from such assistance 
as the Commission thru its association 
with any private, non-profit corporation 
working closely with the Commission; 
and 

(5) promote programs among businesses and 
industries within the state which if imple- 
mented and utilb.ed by employees would 
have a beneficial effect upon maternal and 
infant health. 

COUNCIL ON SICKLF, CILL SYNDROME 
AND RELATED DISORDERS 

This council consists of a chairperson and 14 
other members appointed by the Governor. The 
council shall advise the Department and the 
Commission for Health Services on the needs of 
persons with sickle cell syndrome, and shall make 
recommendations to meet these needs. (See 
130A-13() thru 130A-131.2.) 

PERINATAL HEALTH CARE PROGR.'\Vl 
ADVISORY COUNCIL 

This advisory council is composed of 10 mem- 
bers with representation as follows: obstetrics, 
pediatrics, public health, nursing, social services, 
hospital administration, consumers and other 
members. The council shall advise the Secretary 
in the planning, organization, administration and 
evaluation of the program. (See BOA- 128) 



(AH other Commission functions are within the 
Commission for Health Services) 

POWERS AND DUTIES OF THE COMMISSION 
FOR HEALTH SERVICES 

ITie Commission for Health Services is the 
rule-making body for pubhc health programs 
created and administered under Chapter I30A of 
the North Carohna General Statutes. The 
Commission consists of twelve members, four of 
whom are elected by the North Carohna Medical 
Society and eight of whom are appointed by the 
Governor. The Governor's appointments in- 
clude a hcensed pharmacist, a registered engineer, 
a Hcensed veterinarian, a hcensed optometrist, a 
hcensed dentist, a registered nurse, and two 
members-at-large representing the general public. 
The Commission meets at least quarterly. 

The Commission for Health Services for Health 
Services adopts rules covering a broad spectrum 
of pubhc health concerns. The following is a 
partial hst of pubhc health issues which fall under 
the Commission's authority: 

- Communicable Disease Control, 
Including Immunization Requirements 
and Control Measures for AIDS and 
HIV Infection 

- Adolescent Pregnancy Prevention 
Projects 

- Sickle Cell Program 

- Children's Special Health Services 
Program 

- Home Health Services Funds 

- Restaurant Sanitation Standards 

- Sewage Collection, Treatment, and 
Disposal 

- Standards for Public Water Supply 
Systems 

- Hazardous Waste Management 

- Solid Waste Management 

- Mandated Services for local Health 
Departments 

- State Cancer Reaistry' 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



67 S 



STA TEMENTS OF ORGAMZA TION 



NATL RAL RESOURCES DIMSIONS 

DIMSION OF FOREST RESOURCES 

P.O. Box 27687 

Raleisih, NC 27611 

(919) 733-2162 

North Carolixia's forestland is one of the great- 
est influences on the state in terms of economic 
value and quality of life. The Division of Forest 
Resources' primar\' purpose is to ensure ade- 
quate and quality forest resources for the state to 
meet present and future needs. The processes 
used to accomplish this involve management of 
existing resources, development and estabhsh- 
ment of new and better quality forests and pro- 
tection of these resources. 

The primaPv' emphasis in carrving out the pro- 
grams involved in these obiecti\es is directed at 
the state's more than 330,000 private forest land- 
owners who own the majority of the forestland. 

Specific activities the Di\ision is involved with 
are forest management assistcmce to pri\ate 
landowners, reforestation services, forest fire pre- 
vention and suppression, and insect and disease 
control programs. Other acti\ities are operation 
of tree seedling nurseries, long range forestry 
plarming and technical development, water qual- 
ity controls, urban forestr>' assistance, training 
and support to volunteer tire dep;u1ments and 
forestr)' education. 

To summarize, the Di\ision has an active role 
in planning and carrving out all activities related 
to maintaining, protecting and improving the 
forest resources of the state. To accomplish this 
role, the Division is organized statewide as fol- 
lows: 

- Director's Ofllce (Raleigh) 

- Sections of Administrative Services, Forest 

Protection, and Forest Management 
Forest Development (Raleigh) 

- 3 Regional OfTices (Ashe\ille, Jordan Lake, 

and Kinston) 

13 District Offices (Ashe\ille, Lenoir, 
Rockingham. New Bern, Rocky Mount, 
Fayetteville, L;iizabcth City, Whiteville, 
S\l\'a, Lexincton, llillsboroueh. Mount 
Holly, Fairfield) 

ORC \M/\TION 



Fire Control. The primar>' objective of the 
program is to prevent and minimize wildfire 
damage in the state. The program provides 
leadership and assumes primary responsibility for 
preventing and controlling forest tires on more 
than eighteen million acres in the state. North 
Carolina averages approximately 5000 wildfires 
annually with many areas in the state subject to 
large, disastrous fires. Close coordination with 
forest industries, rural fire departments, the Divi- 
sion ot Fmergency Management and numerous 
other concerns is an essential part of this pro- 
gram. This program also provides training sup- 
port to volunteer fire departments. 

Forest .Management. The objective of this 
program is to ensure adequate forest resources to 
meet the current and future needs of the state. 
This program provides professional and technical 
management assistance to all N.C. forest land- 
owners which involves a detailed examination of 
the woodlands including the determination of the 
types, quality and quantity of trees; age, vigor, 
and general growing conditions of the trees; and 
general overall situation of the resources. A 
written maiiagement plan recommending, for in- 
stance, reforestation plans, water qualit\' and 
erosion control, intermediate or final harvesting, 
prescribed burning and various other forest prac- 
tices is prepared for the landowner. Information 
is also provided on several cost sharing programs 
a\ailable for reforestation. 

Pest Control. The objective of this program is 
to minimize loss of resources to forest pests and 
disease. The program identifies and takes control 
actions as warranted on endemic forest pest and 
disease problems m the state, and also works 
closeh' with other agencies in developing im- 
proved means to lessen damages from these ac- 
tivities. 

L rban Forestry. Lhe goal of L rban and Com- 
mumty Lorestr\' for North Carolina is to im- 
prove the qualit\" of life, (environmentally, 
economically, and aesthetically) in urban areas 
tlirough technical assistance and services to 
towns in de\eloping and canning out multi-year 
management plans for urban vegetation. Lm- 
phasis is on both extension of services to a 
growing number of urban areas, and increasing 
the intensity of service to those areas with more 
aggresshe programs. Service is on a continuing 
basis to all areas that maintain an acti\e program. 

Nursen' and free Improx'ement. This program 
provides adequate, high quality seedlings to meet 



6~9 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANJZA TWN 



the reforestation and Christmas tree production 
needs of the state. The Tree Improvement Pro- 
gram produces and provides genetically improved 
seeds to the Nursery Program which produces 
the seedlings for sale to the public. The pro- 
duction of 50 to 60 million seedlings per year 
occurs at three nurseries and one greenhouse. 

Educational State Forests. The purpose of this 
program is to make N.C. citizens more aware of 
the importance of forestry by means of programs 
and demonstrations at several state forests. 
These forests are currently operated at Clayton, 
near Lenoir, Elizabethtown, near Wilkesboro and 
Hendcrsonville. 

Forest Products Market Development. The 
primary objective of this program is to create 
adequate markets for aU the wood fiber grown in 
North Carolina, helping to ensure an adequate 
return on investments for landowners who grow 
timber and motivating them to regenerate their 
forestland and practice sound forest management. 
The program is defmed by four major activities: 
1) industrial development - - recruiting new 
wood-using industries into the state, expand ex- 
isting industry, and increase the use of North 
Carolina grown timber by instate industries; 2) 
export market development - - to increase the 
amount of North Carolina forest products being 
exported to foreign markets; 3) wood energy to 
promote the use of wood fuel; and, 4) new 
technology transfer - - to assure that industry is 
aware of and utUizes new technology, innovative 
processes and equipment resulting from research. 

FORESTRY ADVISORY COUNCIL 

The Forestry Advisory Council advises the De- 
partment of Environment, Health, and Natural 
Resources Secretary concerning conservation and 
development of private and public forests in the 
state. The Council also makes studies directed 
by the Secretary, conducts a continuing review 
of Division programs, and participates in evalu- 
ations and in hearings related to the public inter- 
est in forestry. 

SOUTHEASTERN FOREST FIRE COMPACT 
ADVISORY CO.MVIITTEE 

The Southeastern Forest Fire Compact is au- 
thorized by the Legislature and its purpose is to 
promote effective prevention and control of for- 
est fires in the Southeastern Region of the United 
States. The Advisory Committee is composed 
of legislators and forest industry representatives 
and meets periodically with the State Foresters 



of member states to promote adequate forest fire 
protection measures throughout the Southeastern 
Region. 

DIVISION OF MARINE FISHERIES 

Post Office Box 769 

Morehead City, NC 28557-0769 

(919) 726-7021 

The Division is responsible, under direction of 
the Marine Fisheries Commission and the Secre- 
tary, Department of Environment, Health, and 
Natural Resources, for stewardship of the marine 
and estuarine resources of the State of North 
Carolina. As such it is responsible for the 
maintenance, preservation, protection and devel- 
opment of all marine and estuarine fisheries re- 
sources. This includes the promulgation of rules 
governing coastal fisheries, and their enforce- 
ment. It includes scientific endeavors leading to 
the development of information upon which 
regulatory and developmental decisions will be 
based. It also includes developmental activities 
intended to improve the cultivation, harvesting 
and marketing of shell and finfish. 

ORGANIZATION 

The Division is organized into four programs: 
Administration, Research, Operations, and De- 
velopment. 

Administration. Responsible for personnel, 
budget, physical plant management, licensing, 
public information and submerged lands claim 
activities. 

Research. Responsible for planning, process- 
ing, analyzing, and pubhshing fisheries manage- 
ment data. Coordinates federal funding and 
project management. 

Operations. Headquartered at Morehead City 
with offices in Elizabeth City, Manteo, 
Washington, and Wilmington, this program is 
responsible for fisheries management and law 
enforcement activities. 

Development Program. Responsible for shellfish 
development, sheUhsh leasing and artificial reef 
construction and management. 

MARINE FISHERIES COMMISSION 

This 15 member Commission is appointed by 
the Governor and is responsible for management, 
restoration, development, cultivation, conserva- 
tion protection and regulation of the marine and 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



6S0 



STA TEMENTS OF ORGANIZA TION 



estuarine resources of the State (G.S. 
143B-289.3); and to adopt rules to be followed 
in the management, protection, preser\'ation and 
enhancement thereof (G.S. 143B-289.4); all such 
rules to be enforced by the Department and Di- 
vision [1438-289.4(5)]. 

NORTH CAROLINA ZOOLOGICAL PARK 

Route 4, Box 83 

Asheboro, NC 27203 

(919) 879-7100 

Office of the Director. Responsible for the 
overall policy, management, and development of 
the North Carolina Zoological Park. Reports to 
the Assistant Secretary of Natural Resources. 
Works through the North Carolina Zoological 
Park Council on matters delegated to their au- 
thority and keeps them informed on all zoo re- 
lated matters. Maintains close working 
relationship with North Carolina Zoological So- 
ciety, .A.AZPA, and other Zoological, Conseni'a- 
tion organizations worldwide. 

Executive Secretary. Provides all administrative 
support to Office of the Director. Responsible 
for liaison to all council. Committees, Boards, 
and Societies. Administrative Procedures Act 
Coordinator. State Regulations Retention Co- 
ordinator, Zoo lead secretar,-. 

Deputy Director's Office. Responsible for 
management and consolidation of the various 
services of the Park. Oversees operation of the 
Zoo except for functions assigned to the General 
Curator's Office. Directly plans, coordinates, 
and manages the activities of Management Ser- 
vices, Facilities. Marketing, Exhibit Graphics, 
and Education Divisions. Develops objecti\es 
and strategies to meet Zoo goals, master plan 
expansion and other issues. Ser%'es as Acting 
Director in the absence of the Director. 



General Curator's Office. 



Responsible for 
overall management of the biological 
(Zoological Botanical) collections, research, and 
veterinary' medicine programs. Oversees the 
curatorial programs, develops and conducts re- 
search and propagation programs, initiates and 
participates in multi-institution conservation 
programs and other related wildlife issues. Plans, 
coordinates, and manages the activities of .-Njiimal 
Ilusbandn.'. Veterinary Medical Ser\'ices and 
Horticulture Duisions. Chairs the NCZP 
UNCG Research Coordinating Committee. 
Professional liaison with .\.-\ZPA, ISIS, SSP 
programs and international zoological organiza- 
tions. Principal biological authority of the Zoo. 



Veterinary Medical Services. Responsible for 
the health and welfare of the .Animal Collections. 
Operates the Hanes Medical Center. Initiates 
and conducts medical research projects and col- 
laborates with institutions worldwide in such ac- 
tivities. Liaison with ,AAZV, North Carolina 
School of Veterinary' Medicine. 



.Animal Husbandry". 



Provides direct care to the 

Animal CoUecUon. Responsible for feeding, 
housing, hygiene, containment, daily health, re- 
cord keeping, preventive medical practices, and 
safety of all specimens in the collection. .Main- 
tains and operates animal exhibits, night quarters, 
and related facilities. 

Horticulture. Responsible for the planning, 
development, and maintenance of the botanic 
collections, introduced and indigenous. Intro- 
duces plant material to create or simulate natural 
envrronments. Develops research and educa- 
tional projects, initiates and participates in 
multi-institution conser-'ation programs and 
other related botanical issues. Professional liai- 
son with .AZH and other national international 
botanical organizations. 

.Management Sen,ices. Responsible for all \isi- 
tor service revenue activities. .Manages and op- 
erates all personnel, zoo ranger, financial 
management, purchasing, budgeting, and ac- 
counting functions of the zoo. Responsible for 
staff development programs, contract and grant 
administration, ADP, and related administrative 
services. 

Facilities. Responsible for coordination and 
development of all Park construction. Single 
point of contact for architects and contractors. 
Manages all construction maintenance contracts. 
Responsible for the maintenance and accounting 
of aU physical property and equipment (less 
animals plants) belonging to the zoo. 

Marketing. Responsible for increasing positive 
awareness and attendance. Develops and ad- 
ministers marketing strategies. Disseminates in- 
formation to media, government agencies, 
tourism entities and general public. Approves 
all media releases involving the zoo, including 
those issued by the Zoological Society. Plans 
and coordinates special e\ents, joint promotions, 
and publicity opportunities. Solicits and coordi- 
nates group \isits. Responsible for informational 
brochures, speaking engagements, and displays. 
Public relations spokesperson for the zoo. 



6SI 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



Exhibit and Graphics. Responsible for the de- 
sign, construction, and maintenance of exhibits 
and natural habitats. Manages the graphics pro- 
gram, provides graphic services to other divisions, 
maintains graphic standards, and maintenance of 
graphic elements in use. 

Education. Responsible for the development 
and presentation of all education programs. 
Conducts research, workshops, classes, and re- 
lated activities concerning the zoo and conserva- 
tion. Responsible for the scientific technical 
accuracy of all information relating to the 
animal/plant coUection as used in graphics, bro- 
chures, media releases, or other outlets. Operates 
volunteer programs (docents, neonatal care, 
horticulture). Smart Carts, Discovery Room, and 
other educational activities/events initiated by the 
zoo. Liaison to the N.C. school system for all 
educational matters. 



Raleigh, NC 27611-7687 
(919) 733-4181 

The North Carolina Division of Parks and Re- 
creation is responsible for plarming for a state- 
wide system of park and recreation resources. 
The Division administers the State Parks System 
which includes state parks, state natural areas, 
state recreation areas, state trails, state lakes, and 
natural and scenic rivers. The system functions 
to preserve unique examples of archaeologic, 
biologic, geologic, scenic, and recreational re- 
sources. 1 he Division is also responsible for the 
Land and Water Conservation Eund Program, a 
federal matching-fund program which supports 
outdoor recreation, conservation, and statewide 
recreation planning. Recreation consulting ser- 
vices are provided through a cooperative agree- 
ment with North Carohna State University. The 
Division is organized into four sections. 



NORTH CAROLINA ZOOLOGICAL PARK 
COUNCIL 

This fifteen-member council is appointed by the 
Governor to oversee the development and oper- 
ation of the Zoological Park (G.S. 143B-335; 
143-177.3). Responsibilities include: 

1 - Advise on the basic concepts of and for the 

Park, approve conceptual plans for the 
Park and its buUdings. 

2 - Advise on the construction, furnishings, 

equipment and operations of the Park. 

3 - Establish and set admission fees with the 

approval of the Secretary, EHNR. 

4 - Recommend programs to promote public 

appreciation of the Park. 

5 - Disseminate information on animals and 

the Park as deemed necessary. 

6 - Develop effective public support for the 

Park through whatever means are desira- 
ble and necessary. 

7 - Solicit fmancial and material support from 

various private sources within and with- 
out the State. 

8 - Advise the Secretary on any other matters 

referred to it. 

DIVISION OF PARKS AND RECREATION 

P.O. Box 27687 



ORGANIZATION 

Design and Development Section. The Design 
and Development Section is responsible for 
managing the Division's capital improvement 
projects, land acquisition program, and resource 
management program. The section maintains an 
inventory of repair and renovation needs in the 
State Parks System. 

Operations Section. The Operations Section is 
responsible for efficient management of the State 
Parks System. On-site park superintendents 
serve to manage park units. Section responsibil- 
ities include State Parks Systems operation, in- 
terpretation and education, visitor protection and 
safety, natural resource management, concessions 
management, state trails, and volunteer program 
administration. 

Consulting Services Section. The Consulting 
Services Section, through a contract with North 
Carolina State University, provides advisory ser- 
vices, plarming assistance, and training programs 
to public, private and commercial agencies and 
organizations. The section conducts the field 
administration of the Land and Water Conser- 
vation Fund by providing information, process- 
ing applications, performing inspections, and 
resolving conversions. The unit also conducts 
special projects, such as the "Take Pride in 
America" program--a nationwide effort to pro- 
mote pubUc land stewardship. 

Planning and Assessment Section. The Plan- 
ning and Assessment Section prepares system- 
wide plans and general management plans for the 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



682 



STA TEMENTS OF ORGANIZA TION 



State Parks System. The section is responsible 
for maintaining the State Comprehensive Out- 
door Recreation Plan, conducting special studies, 
and preparing preliminary and feasibihty studies 
of river segments nominated for mclusion into 
the State Natural and Scenic River System. The 
Natural Heritage Program, a part of the section, 
serves to identify, inventory, and provide pro- 
tection for rare and endangered plant and animal 
species, special wildlife habitats, sensitive 
wetlands, and geologic landforms. 

PARKS .AND RECREATION COUNCIL 



Commission. It also helps the 94 local Soil and 
Water Conser\'ation Districts and their State As- 
sociation in their campaign for soil and water 
conservation. 

ORGAN IZ.AT ION 

District Program Section. The District Pro- 
gram Section coordinates the activities of the 94 
local soU and water conservation districts across 
the state and serves as staff for the N.C. Associ- 
ation of Soil and Water Conservation Districts, 
the 94 Districts' member association. 



The Parks and Recreation Council functions to 
advise the Department on the promotion, devel- 
opment, and administration of the State Parks 
System. The Council works to educate and in- 
form the citizens of the State on the needs and 
opportunities of the State Parks System. Ihe 
Council also advises the Department with respect 
to the quahty and quantity of the total recreation 
ser\-ices provided to the citizens of the State (G.S. 
143B-311 through 313). 

RICREAIION AND N.\TLRAL HERITAGE 
TRUST FUND BOARD OF TRUSTEES 

The Board administers the Natural Heritage 
Trust Fund which was established to provide 
support for acquisition and management of sig- 
nificant natural areas (G.S. 113-77.6 through 
77.9). 

NORTH CAROLINA TRAILS COMMITTEE 

The Committee coordinates trail development 
among state and federal agencies, and local gov- 
ernments and advises the Department on all 
matters pertaining to trails. The Committee re- 
\iews and recommends trails for the designation 
as State Trails including segments of the 
Mountains-to-Sea Trail (G.S. 14^38-88; 333; and 
334). 



N.C. Agriculture Nonpoint Source Pollution 
Control Section. The N.C. Agriculture Non- 
point Source Pollution Control Section, com- 
monly known as the N.C. Agriculture 
Cost-Share Section, is responsible for encourag- 
ing the \oluntar>- adoption of Best Management 
Practices (BMP's) to control agricultural non- 
point source pollution. This Section administers 
the North Carolina Agriculture Cost-Share Pro- 
gram which addresses water quahty. 

Watershed Planning Section. The Watershed 
Planning Section supports the planning and im- 
plementation of PL 566 Small Watershed 
Projects (250,000 acres or less) under USDA-Soil 
Conservation Service Authority. The projects 
address community-wide natural resource prob- 
lems such as flooding, erosion, and water quahty. 

Soil Sur\'ev Section. The Soil Surv'ey Section 
collects and classifies soils data and prepares 
county soil survey reports. This Section works 
in close cooperation with the Soil Conservation 
Service (SCS). 

Wetlands Inventory Section. The Wetlands 
Inventory Section provides quality control for 
the National Wetlands Inventorv' underway in 
North Carolina by the U.S. Fish and Wildlife 
Service. 



DIMSION OF SOIL AND WATER 
CONSERNATION 

512 North Sahsburv Street 

Ralemh, NC 27611 

919,733-2302 

The Div ision of Soil and Water Conservation 
is a comprehensive, statewide program for con- 
serving our soil and water resources and operates 
under the Department of Environment, Health, 
and Natural Resources. The Division provides 
staff, clerical assistance, and pohcy implementa- 
tion for the N.C. Soil and Water Conservation 



NORTH CAROLINA SOIL AND WATER 
CONSERVATION CO.M.MISSION 

G.S. 143B-294 states "there is hereby created 
the Soil and \\'ater Conservation Commission 
of the Department of Natural Resources and 
Community Development with the power and 
duty to adopt rules and regulations to be fol- 
lowed in the development and implementation 
of a soil and water conservation program." 

OTHERS 



6Si 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



57"^ TEMENTS OF ORGANIZA TION 



OFFICE OF ENVIRONMENTAL EDUCATION 

P.O. Box 27687 

Raleigh, NC 27611 

(919) 733-0711 

The Office of Environmental Education will 
promote efforts to educate citizens about their 
role in protecting and conserving the state's na- 
tural resources and environment. The office will 
inventory existing environmental education ma- 
terials within the Department and determine 
where there are needs for additional educational 
materials. It will serve as a clearinghouse for the 
dissemination of environmental education mate- 
rials. The office will also establish and adminis- 
ter the Governor's Project Tomorrow 
Environmental Awards Program. 

OFFICE OF WASTE REDUCTION 

P.O. Box 27687 

Raleigh, NC 27611 

(919) 733-7015 

This office resports to the Assistant Secretary 
for Environmental Protection of EHNR. This 
office coordinates the states pollution prevention, 
waste minimization and recycling programs. 

ORGANIZATION 

Pollution Prevention Program (PPP). The 
PPP provides positive alternatives to costly pol- 
lution control options to improve environmental 
quahty and to generate economic benefits. The 
program supports and works with industries, 
small businesses, and communities to identify 
and apply techniques at the source of generation 
which will prevent, reduce, or recycle wastes be- 
fore they become pollutants of North Carolina's 
environment. The program provides an infor- 
mation clearinghouse, technical assistance, and 
financial support to help reduce or minimize 
hazardous waste, wastewater discharges, air 
emissions, and industrial solid waste. 

Solid Waste Reduction Program. The Solid 
Waste Reduction Program coordinates recycling 
efforts on county, municipal and commercial 
levels in an effort to reduce pressures on over 
burdened landfdl and derive useful alternatives 
for waste products. The program provides an 
information clearinghouse, technical assistance, 
education and training, and financial assistance 
to help reduce municipal solid waste. 

NORTH CAROLINA WILDLIFE 
RESOURCES CO.M.MISSION 



512 North Salisbury Street 

Raleigh, North Carolina 27604-1188 

(919) 733-3391 

The North Carolina Wildlife Resources Com- 
mission is a separate State agency created under 
Article 24 of Chapter 143 of the General Statutes. 
The Wildlife Resources Commission is responsi- 
ble for the management, restoration, develop- 
ment, cultivation, conservation, protection and 
regulation of the wildlife resources of the State. 
The Wildlife Resources Commission is also 
charged with the responsibility of administering 
and enforcing the laws relating to game and 
freshwater fishes and other wUdUfe resources. 

NORTH CAROLINA DEPAR LMENT OF 
PUBLIC EDUCATION 

The Department of Public Education consists 
of the policy-making State Board of Education 
and the Department of Public Instruction, which 
is headed by the Superintendent of Public In- 
struction. The Superintendent is the secretary 
and chief administrative officer of the State Board 
of Education. 

The Department of Public Instruction is organ- 
ized in seven areas - Superintendent's Office, 
Deputy Superintendent's Office, Program Ser- 
vices, Personnel Services, Research and Devel- 
opment Services, Auxiliary Services, and 
ELnancial Services. 

Any person wishing to submit a petition re- 
questing the adoption, amendment or repeal of 
a rule by the State Board of Education shall ad- 
dress the petition to: 

Superintendent of Public Instruction 
116 West Edenton Street 
Raleigh, NC 27603-1712 

NORTH CAROLINA DEPARTMENT OF 
THE SECRETARY OF STATE 

The Secretary of State is a constitutional officer 
elected to a four-year term by the citizens of 
North Carolina at the same time as other elected 
executive officials. He heads the Department of 
the Secretary of State which was created by the 
Executive Organization Act of 1971. The Secre- 
tary of State is a member of the Council of State 
and is an ex-officio member of the Local Gov- 
ernment Commission and Capital Planning 
Commission. He also senes on the Information 
Technology Commission (fomierly the Com- 
puter Commission) and is chairman of the Con- 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



684 



^T.^ TEMEATS OF ORCAMZA TION 



stitutional 
Committee. 



Amendments 



Publications 



By statute he receives all ratified bills of the 
General Assembly as weU as the original journals 
of the state Senate and state House of Represen- 
tatives. 

The Secretapv' of State is empowered by law to 
administer oaths to any pubhc official of whom 
an oath is required. He is frequently called upon 
to administer oaths to officers of the Highway 
Patrol, judges and other elected officials. 

The Secretar}" of State is required to faithfully 
perform the duties assigned him by the Consti- 
tution and laws of North Carolina. The De- 
partment of the Secretary of State, under the 
direction of the Secretary" of State, is charged 
with maintaining certain records pertaining to 
state and local government actions and the com- 
mercial activities of private business. This duty 
is imposed by many widely distributed sections 
of the General Statutes of North Carolina and 
involves varying degrees of responsibility from 
reviewing of documents for conibrmity to statu- 
tory requirements prior to filing to enforcement 
authority. The Department has responsibility 
under approximately fifty separate statutes wliich 
may be di\ided into categones dealing with 
custodianship of the Constitution and laws of the 
State, admimstrative commercial law. the elective 
process, the General Assembly :md pubhc infor- 
mation. 

General .Administration Division 

The General Administration Division, under the 
supervision of the Secretary' of State and his chief 
deputy, is responsible for all administrative and 
management functions including budget, person- 
nel, planning and coordination. In addition, the 
Division handles miscellaneous statutor." duties 
and responsibilities not assigned to one of the 
other departmental divisions. Included among 
these are the registration of lobbyists, the regis- 
tration ot trademarks, and the recording of mu- 
nicipal annexation ordinances. 

Corporations l)i\isi()n 

The Corporations Dhision is responsible for 
filing corporation and limited partnership docu- 
ments as required by the laws of North Carolina. 
The various corporation and limited partnership 
laws are enabling statutes under which these or- 
ganizations are created. The responsibility of the 
Secretary of State is to ensure unifonn compli- 



ance with such statutes, record information re- 
quired as a public record, prevent duphcation of 
corporate names and furnish information to the 
public. 

The division is responsible for maintaining re- 
cords on approximately 150,000 current corpo- 
rations and limited partnerships. The 
Information Ser\ices Group handles more than 
700 inquiries daily regarding the records and the 
unit processes more than 50,000 documents each 
year. 

Notary Public Division 

The function of issuing commissions to notaries 
public was transferred to the Department of the 
Secretary of State from the Office of the Gover- 
nor under the Executive Organization Act of 
1971. The primary purpose of the Notary Public 
Division is to provide a means for establishing 
the authenticity of signatures. This is accom- 
plished through the issuing of commissions to 
notaries public in all of the counties in North 
Carolma. 

Publications Division 

The Publications Division is primarily respon- 
sible for the compiling and publishing of infor- 
mation which wiU be useful to the General 
Assembly, to state agencies, and to the people of 
North Carohna. In addition, it is also responsi- 
ble for maintaining for public inspection, certain 
records for which the Secretary of State is custo- 
dian. The division publishes such useful items 
as the Directoty of State and County Officials of 
Sorth Carolina, the Sorth Carolina Manual, and 
other smaller publications. 

Within the Publications Division is the I and 
Grants Section where the historical land grants 
for North Carolina dating from the 1660's are 
found. -Also in this section are the original rati- 
fied acts of the General Assemblies of North 
Carolina, as weU as primarv" and general election 
N'oting results for recent elections. In an effort to 
preser\'e and protect these valuable records, the 
PubUcations Di\ision is working with the state 
rVrchives to microfilm the kmd grant records and 
transfer them to the state Archi\es for permanent 
keepmg. 

The Securities Division 

The Securities Di\ision is responsible for ad- 
mimstering the state s securities laws. These 
"blue sky" laws, as they are known, are provided 



6S5 



5:10 NORTH CAROLL\'A REGISTER August 15, 1990 



STA TEMENTS OF ORCANIZA TION 



for in Chapters 78A, 78B, 78C, and 78D of the 
General Statutes. The intent of these laws is to 
protect the investing public by requiring a satis- 
factory investigation of both the people who offer 
securities and of the securities themselves. The 
laws provide for significant investigatory powers 
and for due process in any administrative, civil 
or criminal action. TTie Securities Division is the 
appropriate state agency for addressing investor 
complaints concerning securities brokers, stock- 
brokers, investment advisors, or commodity 
dealers, and for inquiring about offerings of par- 
ticular securities or commodities. Although the 
division cannot represent an investor in a claim 
for monetary damages, the staff can investigate 
alleged violations and suspend or revoke a li- 
cense, issue stop orders against securities offer- 
ings, issue cease and desist orders, seek court 
ordered injunctions, or refer the matter to the 
appropriate district attorney for criminal prose- 
cution. 

The Secretary of State, as the state's securities 
administrator, is a member of the North Ameri- 
can Securities Administrators Association 
(NASAA). Through this organization the divi- 
sion's staff assists in the adoption of nationwide, 
uniform pohcies on securities. The Division 
works with other state securities agencies, various 
federal agencies (including the Securities and Ex- 
change Commission), and with various industry 
groups such as the National Association of Se- 
curities Dealers. 

Uniform Commercial Code Division 

The Uniform Commercial Code Division is re- 
quired under Article 9 of the Code to provide a 
method of giving notice of security interests in 
personal property to interested third parties. The 
method adopted is a "notice" filing system. Re- 
corded information in the UCC Division is pub- 
lic record. 



creditors for further information regarding the 
lien. 

The Secretary of State is also central fding offi- 
cer for federal tax liens which are handled in the 
same manner as UCC filings. 

The Business License Information Office 

The newest addition to the Department of the 
Secretary of State is the Business License Infor- 
mation Office. Created in 1987 by the General 
Assembly, this office grew out of the recognition 
of the business community's need for relief from 
an often confusing licensing system, and the re- 
cognition that the time and energy of prospective 
business owners could be better spent in other 
areas. There are hundreds of business related li- 
censes and permits issued by the State of North 
Carolina with hundreds of applications and re- 
lated forms to be completed to obtain them. 
This experience can be very frustrating. 

The purpose of the Business License Informa- 
tion Office is: 

(1) to offer new and existing businesses an 
accessible central information source; 

(2) to assist potential business owners to se-- 
cure the necessary state issued licenses, 
permits, and/or other authorizations in 
order to operate a business in North 
Carolina; 

(3) to monitor the license application review- 
process; and 

(4) to act as an advocate for regulatory reform. 

Assistance is available to all businesses regard- 
less of size, type or location. There are no fees 
for the services provided and assistance is avail- 
able by telephoning or by visiting the office. A 
toll free telephone number has been established 
for the convenience of the users. The number is 
1-800-228-8443. 



The Secretary of State, as central filing officer, 
receives and files fmancing statements and related 
"notice" statements and furnishes information to 
the public regarding such statements. 

It is the responsibility of the secured party to tile 
a statement showing the name and address of the 
debtor, the name and address of the secured party 
and a brief description of the collateral. These 
documents are indexed by the debtor's name. A 
search of the records on a particular debtor will 
produce a list of all active creditors who have 
filed statements with this office. Interested par- 
ties are given information sufficient to contact the 



A directory, the North Carolina Stale Directory 
of Business Licenses and Permits has been pub- 
lished by the office. Ihis publication contains 
up-to-date information on over 600 state re- 
quired licenses and permits. 

.MAIl INC. ADDRESSES: 

The mailing address for the General Adminis- 
tration Division, the Corporations Division, the 
Notary Public Division, the Publications Divi- 
sion, and the Uniform Commercial Code Divi- 
sion of the Department of the Secretary of State: 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



686 



STA TEMENTS OF ORGANIZA TION 



fname of division) 

Department of the Secretary' of State 

Room 302 

Leaslative Office Building 

"300 N. Salisbury- St. 
Raleigh, N.C. 27603-0509 

The mailing address for the Securities Division 
of the Department of the Secretar>' of State is: 

Securities Division 

Department of the Secretary' of State 

Room 404 

Legislative Office Building 

"300 N. Salisbury- St. 
Raleigh, N.C. 27603-0509 

The mailing address for the Business License 
Information OtTice of the Department of the 
Secretary- of State is: 

Business License Information OtTice 

Department of the Secretarv of State 

301 W. Jones St.' 

Raleigh. N.C. 27603 

Telephone numbers for the di\isions of the 
Department of the Secretary of State are: 

General Administration Division 
(919) 733-4161 

Corporations Division 
(919) 733-4201 

Notar\- Public Division 
(919) 733-3406 

Publications Division 
(919) 733-7355 

Securities Di\ision 
(919) 733-3924 

L'niform Commercial Code Duision 
(919) 733-4205 

Business License Information Office 
(919) 733-0641 

NORTH CAROLINA DEPARTMENT OE 
STATE TREASURER 

Ihe Department of State Treasurer is organized 
along functional lines as follows: 

1 . The OtTice of the State Treasurer. This unit 
consists of the State Treasurer and his 



immediate staff. It is headed by the State 
Treasurer and is responsible for the overall 
operation of the Department and carrying 
out the special duties of the State Treas- 
urer. The budget is part of function code 
1110, General Administration. 

2. ITie Administrative Services Division. This 
division is resp>onsibIe for Department- 
wide functions and for the administration 
of the Escheat Fund. The Director of the 
Division is a Deputy Treasurer. The Di- 
vision has five operating components as 
follows: 

a. General Administration Section - This 
section is headed by the Disision Director 
and is responsible for the following 
Department-wide functions: 

(1) Personnel and payroU, 

(2) Purchasing, 

(3) Supply, messenger and mailroom 
ser\'ices, 

(4) Technical assistance, and 

(5) Miscellaneous general administration, 
e.g. insurance. 

Its budget is part of function code 1110, 
General Administration. 

b. Departmental Accounting Section - This 
section is headed by the Controller and is 
responsible for the basic accounting for 
all funds used by the Department includ- 
ing but not limited to: 

(1) Accounting for the investment pools, 

(2) Accounting for the retirement sys- 
tems, 

(3) Accounting for the Escheat and 
Abandoned Property Fund, 

(4) Accounting for the Debt Service 
Funds, 

(5) Preparation and administration of the 
Department s budget, and 

(6) Accounting for the expenditures made 
pursuant to the appropriation pro\idcd 
to the Department. 



687 



5:10 .\ORTH CAROLL\A REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



The budget is part of function code 1110, 
General Administration. 

c. Word Processing Section - This section 
is headed by a section chief and is re- 
sponsible for the preparation of all 
typesetting and camera ready copy for the 
Department and for word processing ser- 
vices requested by other components of 
the Department. 1 he budget is function 
code 1140, Word Processing. 

d. Data Processing Section - This section 
is headed by a section chief and is re- 
sponsible for the operation and program- 
ming of the mainframe computer of the 
Department. In addition the Section is 
responsible, along with the Division Di- 
rector for planning and approving acqui- 
sition and use of microcomputers. Its 
budget is function code 1150, Data Proc- 
essing. 

e. Escheat Fund Administration Section - 
This section is headed by a section chief 
and is responsible for the administration 
of the Escheat and Abandoned Property 
Fund including processing of receipts 
from holders, making refunds to the 
rightful owners and auditing holders for 
legal compliance. The budget is function 
code 1130, Escheat Fund Administration. 

The Investment and Banking Division. 
This division is responsible for carrying 
out the banking operations and invest- 
ment activities of the State which have 
been assigned by statute to the State 
Treasurer. The Director of the Division 
is a Deputy Treasurer and the State In- 
vestment Officer. The Division has three 
operating components as follows: 

a. Investment Management Section - This 
section is headed by the Division Director 
and is responsible for the general super- 
vision of the Division and for the man- 
agement of all investment pools which 
consist of funds belonging to the General 
and Highway Funds, the retirement sys- 
tems, and other special trust funds. The 
budget is a part of function code 1210, 
Investment Management. 

b. Operations Section - Ihis section is 
headed by a section chief and is responsi- 
ble for clearing State warrants, for clearing 



investment principal and income trans- 
actions, and for maintaining the records 
relating to bank accounts and budgetary 
code accounts. For budgetary purposes, 
the personnel and other costs associated 
with clearing of investment transactions 
are a part of function code 1210, Invest- 
ment Management; the personnel and 
other costs associated with the clearing of 
State warrants are in function code 1220, 
Banking Operations. 

The Retirement Systems Division. This 
division is responsible for administering 
the State-operated pension funds and 
fringe benefit trust funds assigned by law 
to the Department of State Treasurer. 
The Director of the Division is a Deputy 
Treasurer and is the Director of each 
pension fund as established by law. The 
budgets for all components of the Divi- 
sion are contained in one function code 
1410, Retirement Operations. The Divi- 
sion has six operating components as fol- 
lows. 

a. Office of the Director - This section is 
headed by the Director and is responsible 
for the overall supervision and operations 
of the Division. 

b. Data Control - This section is headed 
by a section chief and is responsible for 
the receipt of monthly reports from par- 
ticipating employers, the control of docu- 
ments being sent to Data Processing for 
updating the computer files, and for veri- 
fying the accuracy of the subsidiary re- 
cords. 

c. Benefits Processing - This section is 
headed by a section chief and is responsi- 
ble for calculating all payments to mem- 
bers, including retired pay, refunds and 
death claims, and all cost calculations for 
service purchases. 

d. Member Services - This section is headed 
by a section chief and is responsible for 
helping individual members who call, 
write in, or come in with problems. This 
section counsels soon-to-be retired and 
retirees to make certain that these people 
obtain their proper rights. The section 
assists employing units on ehgibility 
questions and questions from its employ- 
ees. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



688 



.ST.^ TEMENTS OF ORCANIZA TION 



e. Disability - This section is headed by a 
section chief and is responsible for deter- 
mining eligibility and processing disability 
claims for the Local Governmental Em- 
ployees' Retirement System and the Dis- 
ability Income Flan for teachers and State 
employees. This Section also administers 
the Retiree Contributory Death Benefit 
Plan. 

f. Records - This section is headed by a 
section chief and is responsible for main- 
taining fdes on all members, active, inac- 
tive and retired. Primarily files are 
maintained in microfilm or microfiche 
forms. 

5. The State and Local Governmental Fi- 
nance Division. This division is respon- 
sible for providing staff to the Local 
Government Commission, the North 
Carolina Educational Facilities Finance 
Agency, and the North Carolina Solid 
Waste Management Capital Projects Fi- 
nancing Agency. The Director of the Di- 
vision is a Deputy Treasurer, the Secretary 
of the Local Government Commission 
and the Secretary-! reasurer of the North 
Carolina Educational Facilities Finance 
Agency, and of the North Carolina Solid 
Waste Management Capital Project Fi- 
nancing Agency. The budgets for the 
component units are contained in one 
function code 1310, Local Government 
Operations. The Division has two oper- 
ating components as follows: 

a. Debt Management Section - This section 
is headed by the Division Director and is 
responsible for reviewing requests for is- 
suing debt and making proposals thereon 
to the approving agency. In addition, this 
Section is responsible for the sale of State 
and local governmental debt that is au- 
thorized but unissued. 



6. The Advisor)' Council on Vocational Edu- 
cation. This division provides staff to the 
Advisory Council on matters dealing with 
vocational education. The costs of the 
Council and staff are reimbursed from 
federal grants which are renewed every 
year. I'he Director of the Division is the 
Executive Director of the Council. The 
budget is function code 1510, Advisory 
Council on Education. 

The mailing address for all divisions of the De- 
partment of State Treasurer is 325 North 
Salisbury Street, Raleigh, North Carolina 
27603-1388. The telephone numbers are: 

State Treasurer 
(919) 733-3951 

Administrative Services 
(919) 733-4440 

Investment and Banking 
(919) 733-7282 

Retirement System 
(919) 733-4191 

State and Local Government Finance 
(919) 733-3064 

Advisor>' Council on Vocational Education 
(919) 733-2064 

NORTH CAROLINA STATE BOARD OF 
ARCHITKCTLRE 

The North Carolina Board of Architecture is 
charged with the licensing and regulation of the 
practice of architecture in the State of North 
Carolina. For submissions, requests or further 
information, please contact the Executive Direc- 
tor, Cvnthia B. Skidmore, 501 N. Blount Street, 
Raleiah, North Carolma 27604, telephone (919) 
733-9'544. 



b. Fiscal Management Section - This sec- 
tion is headed by a section chief and is 
responsible for assisting local governments 
keep a strong fiscal position. Among the 
ways this is accomplished are the review 
of all audits of local governments received 
by the Division, the prep;iration of mem- 
oranda for local go\emments on solutions 
to old and new problems, and the pro- 
vision of technical assistance in person 
and by phone. 



NORTH CAROLINA AUCTIONEER 
LICENSING BOARD 

The Auctioneer Licensing Board is responsible 
for the administration and enforcement of the 
Auctioneers Law, G.S. 85B, which establishes 
specific standards of conduct for auctioneers and 
auction timis that ser%e to protect the public 
from incompetent or unqualified persons engag- 
ing in auction acti\ities, and from deceitful prac- 
tices, wiUlul misrepresentations or fraudulent and 
dishonest dealings; affords a means of redress of 



689 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



grievances to any person suffering damage, and 
provides a means of monetary restitution for loss 
suffered. 

The Auctioneers Law stipulates that there shall 
be a five-member Commission, appointed by the 
Governor. By law, three members are from 
nominations submitted to the Governor by the 
Auctioneers Association of North Carolina. At 
least three members must be experienced licensed 
auctioneers; one member is appointed to repre- 
sent the public at large, and cannot be licensed 
as an auctioneer. 

It is the responsibility of the board to License 
auctioneers, apprentice auctioneers, and auction 
firms and to see that the qualifications and ac- 
tivities of those engaged in auctioneering activ- 
ities are in accord with the law, and in the best 
interest of the public. The board is not a board 
of arbitration and has no jurisdiction to settle 
disputes between parties concerning such matters 
of contract as the rate of commissions, the divi- 
sion of commissions, pay of assistants and similar 
matters. 



use of this agency. The staff administers exam- 
inations, issues and renews Licenses, publishes an 
annual directory and biannual newsletters, and is 
responsible for the daily functioning of the office. 
Complaints are investigated with the assistance 
of a contractual investigative firm. 

The administrative offices of the Auctioneer Li- 
censing Board are located at: 

3509 Haworth Drive, Suite 306 

Raleieh, North Carolina 27609-7276 

telephone: (919) 733-2182 

Office hours are 8:30 a.m. until 5:00 p.m., \Ion- 
day through Friday, except holidays. 

NORTH CAROLINA BOARD OF BARBER 
EXAMINERS 

The Barber Examiners Board is responsible for 
the administration and enforcement of the Barber 
Law, G.S. 86A, which was established in 1929. 
G.S. 86A regulates barbering and barbering fa- 
cilities in the State. 



The Commission may upon its own motion or 
upon the written complaint of any person, pro- 
vided the complaint and any evidence presented 
with it establishes a prima facie case, hold a 
hearing and investigate the actions of any 
licensee, and has the power to suspend or revoke 
any license issued. The Commission may in its 
own name seek injunctive relief to restrain any 
violation or anticipated violation of the 
Auctioneers Law; is entitled to the services of the 
Attorney General in enforcing the provisions of 
G.S. 85B, or may employ an attorney to assist 
and represent it in enforcement of specific mat- 
ters. 

The Commission holds monthly meetings; re- 
ceives and acts upon license applications; adopts 
rules and regulations; investigates complaints; 
holds administrative hearings as needed; suspends 
or revokes licenses when warranted; sponsors and 
underwrites educational projects for the benefit 
of licensees and provides recovery and guaranty 
protection through the Auctioneer Recover)' 
Fund. 

The board's office is staffed by an executive di- 
rector, administrati\'e assistant and two secre- 
taries. .\U employees ser\e at the pleasure of the 
Commission. Operational activities are sup- 
ported totally by license fees collected from those 
in the auction profession and deposited with the 
State Treasurer: no funds arc appropriated for the 



The Barber I^w stipulates that there shall be a 
four member Board, each appointed by the 
Governor to serve no more than two three-year 
terms. Three of the members must be experi- 
enced licensed barbers; one is to represent the 
public at large, and cannot be licensed as a bar- 
ber. 

It is the responsibility of the Board to see that 
inspection of barber shops and barber schools are 
conducted to determine compliance with sanitary 
regulations; to adopt sanitary regulations con- 
cerning barber shops and barber schools in ac- 
cordance with guidelines; to review the barber 
laws of other states and to determine which are 
substantive equivalent of the laws of North 
Carolina for purposes of endorsement and 
reciprocity and to conduct apprentice, registered 
and instructor examinations. 

The Board holds monthly meetings; administers 
examinations monthly; adopts rules and regu- 
lations; holds administrative hearings as needed 
and suspends or revokes licenses when war- 
ranted. 

The Board's office is staffed by an executive 
secretary, one secrctajy, one temporary' typist and 
four inspectors. The inspectors inspect the 2300 
licensed barber shops in North Carolina and the 
barber schools and investigates complaints re- 
ceived. The secretarial staff prepares lists of ap- 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



690 



STA TEMENTS OF ORGANIZA TION 



plicants for the examinations, issues and renews 
approximately 5000 barber licenses and 2300 
shops permits and is responsible for the daily 
functioning of the office. 

Operational activities are supported totally by 
fees collected from those in the barbering profes- 
sion and deposited with the State Treasurer. The 
Board is a Special Fund agency in that no state 
funds are appropriated for the Board's use. 

The Board is entitled to the services of the At- 
torney General in enforcing the provisions of 
G.S. 86A, or may employ an attorney to assist 
and represent it in enforcement of specific mat- 
ters. 

Office hours are 8:00 a.m. until 5;00 p.m., 
.Monday through Friday except hohdays. TTie 
administrative offices of the Barber Board are 
located at; 

3901 Barrett Drive, Suite 300 

Raleieh, North Carolina 27609 

Telephone: (919) 733-3623 

NORTH CAROLINA ST.ATE BOARD OF 

CERTIFIED PUBLIC ACCOLN,TANT 

EXAMLSERS 

The North CaroUna State Board of Certified 
Public Accountant Examiners is an independent 
State agency and an occupational licensing board 
authorized by Chapter 93 of the N.C. General 
Statutes. 

BO.\RD RtSPONSIBILITlES 

The Board has these primary responsibilities: 

(Ij to grant CPA certificates to those who 
have met legal requirements including age, 
citizenship, education, experience and 
good moral character; 

{2) to register CPA firms; 

(3) to annually renew CPA certificates and 
firm registrations; 

(4) to administer the semi-:mnual CPA Fx- 
amination; 

(5) to administer the CPF compliance pro- 
gram; 

(6| to adopt rules of professional ethics and 
conduct to be obser%'ed by CPAs in this 
State-; 



(7) to conduct administrative hearings with 
respect to State statutes and Board rulesi 
and 

(8) to administer other provisions of G.S. 93. 

BOARD COMPOSITION 

The Board is composed of five persons who are 
CPAs and two persons who are not CPAs who 
represent the public at large. The Board's staff 
includes an Executive Director who is a CPA, a 
Deputy Director, nine other full-time staff mem- 
bers and several part-time assistants. 

LSE OF CPA TITLE RESTRICTED BY LAW 

North Carolina accountancy law is unusual in 
that anyone can practice pubhc accountancy by 
paying a minimal privilege license fee. Flowever, 
anyone not licensed by the North Carolina Board 
of CPA Examiners is restricted to only the title 
"accountant". Even though a person is a CPA 
in another state and holds a position in such 
fields as industry, government or education, a 
North Carolina certificate issued by the Board 
must be obtained in order to use the CPA title 
while in this State. 

INFORMATION 

\'ou may obtain information from and make 
submissions or requests to the North Carolina 
State Board of Certified Public Accountant Ex- 
aminers in person at liOl ObcrUn Road, Suite 
104. Raleiah, North Carolina; bv mail at Post 
Office Box^ 12827, Raleigh, NC 27605-2827; and 
by telephone at (919) 733-4222. 

NORTH CAROLES A BOARD OF 
CHIROPRACTIC EXAMINERS 

The North Carolina Board of Chiropractic Ex- 
aminers is an occupational licensing agency 
which regulates the practice of Chiropractic by 
(1) determining whether apphcants ha\e satisfied 
the statutory requirements to be admitted to 
practice, and (2) enforcing the statutory" pro- 
\ isions governing the practice of Chiropractic. 

/Vny interested party may obtain infonnation 
and make submissions or requests by contacting 
the Board in writing at the following address: 

N.C. Board of Chiropractic Examiners 
c o .Mrs. Carol Hall, Executi\e Secretar\' 



691 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



ST A TEMENTS OF ORGANIZA TION 



P.O. Box 312 
Concord, N.C. 28025 

NORTH CAROLINA LICENSING BOARD 
FOR GENERAL CONTRACTORS 

The North Carolina Licensing Board for Gen- 
eral Contractors is located at 3509 Haworth 
Drive, Suite 302, Raleigh, North Carolina. Its 
mailing address is Post Office Box 17187, 
Raleigh, North Carolina 27619. tne telephone 
number is (919) 781-8771. H.M. McCown is 
Secretary-Treasurer of the Board. Requests for 
information or similar inquiries should be made 
to the Board's office. The members of the Board 
are: D. Bruce Armstrong, Chairman; Arthur C. 
Flood, Vice -Chairman; Nathaniel E. Clement; 
Robert A. Harvell; Richard T. Howard; Douglas 
A. Lopp and Dean B. McClatchey. 

NORTH CAROLESA BOARD OF 
COS.METIC ART EXAMINERS 

Goal: The goal of the State Board is to assure 
the consumer of clean and sanitary salons and 
that the services offered are not damaging to the 
consumer. 

The purpose of this Board is to license all peo- 
ple employed as professionals in cosmetology, 
schools, colleges, and salons in North Carolina 
and to assure they have met all standards and 
requirements to have a license. 

The Board consists of four members appointed 
by the Governor, one by the N.C. House 
Speaker, and one appointed by the Lt. Governor. 
The Board Members conduct the State Board 
Examinations and meet to set policy and stand- 
ards for Cosmetic Art in North Carolina. 

Board .Members are; Chairman, Phil Shehdan; 
First Vice-Chairman, Alma Tilghman; Second 
Vice-Chairman, Carol Richardson; Members, 
Benjamine Carpenter, Joyce Mason, and Dianne 
Rains. 

Objectives: 

1. To increase accessibility of training in the 

area of cosmetology. 

2. To increase the number of licensed 
cosmetologists, schools, coUeges, and 
salons. 

3. To reduce complaints fded against salons 
and cosmetologists. 



Office Hours are 8-5 P.M., and Telephone 
number is 790-8460. The Executive Secretary is 
Vicky Rothrock Goudie. 

N.C. State Board of Cosmetic Arts 

4101 Capital Blvd., Suite H 

Raleigh, North Carolina 27604 

NORTH CAROLEVA STATE BOARD OF 
DENTAL EXAMINERS 

The North Carolina State Board of Dental E~x- 
aminers is located at 3716 National Drive, Suite 
221, Raleigh, North Carolina. Its mailing ad- 
dress is Post Office Box 32270, Raleigh, North 
Carolina 27622. The telephone number is (919) 
781-4901. Christine H. Lockwood is the Execu- 
tive Secretary of the Board. Request for infor- 
mation or similar inquiries should be made to the 
Board's office. The members of the Board are: 
Dr. Stanley L. Fleming, President; Dr. Bettie R. 
McKaig, Secretary-Treasurer; Dr. Kent N. 
Tucker; Dr. Carlton B. Winter; Dr. James C. 
Elliott Jr.; Dr. E. Smith Jewel; Ms. Nancy A. St. 
Onge, R.D.H.; and Ms. Marie S. Moore, Con- 
sumer Member. 

NORTH CAROLESA STATE BOARD OF 

EXAMESERS OF ELECTRICAL 

CONTRACTORS 

The State Board of Examiners of Electrical 
Contractors was created by Article 4, Chapter 87, 
of the General Statutes. The Board consists of 
seven members as follows: one member from the 
North Carolina Department of Insurance desig- 
nated by the Commissioner of Insurance; one 
member who is a representative of the North 
Carolina Association of Electrical Contractors 
designated by the governing body of that organ- 
ization; and five members appointed by the 
Governor: one from the faculty of the Greater 
University of North Carolina who teaches or 
does research in the field of electrical engineering, 
one who is serving as a chief electrical inspector 
of a municipality or county in North Carolina, 
one who has satisfied the requirements for a li- 
cense classified under G.S. 87-43.3 and who re- 
presents a sole proprietorship, partnership or 
corporation located in North Carolina which is 
actively engaged in the business of electrical con- 
tracting, and two who have no ties with the 
construction industry and who represent the in- 
terest of the public at large. 

The Board meets several times a year to transact 
business and it administers the written qualifying 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



692 



STA TEMENTS OF ORGANIZA TION 



examinations to applicants for a license twice a 
year in March and September. 

Information may be obtained from and sub- 
missions and requests may be made at the 
Board's office located at 1200 Front Street, Suite 
105, Raleigh, North Carolina 27609, Telephone 
(919) 733-9042. 

BOARD OF REGISTRATION FOR 
FORESTERS 

The State Board of Registration for Foresters 
has the statutory duty and authority to adminis- 
ter a voluntary program of registration for 
foresters. These rules' shall govern the registra- 
tion program of the Board. 

AH communications with the Board shall be 
through the secretary of the Board at the follow- 
ing address; 

Secretary of the State Board of Registration for 

Foresters 

P. O. Box 27393 

Raleigh, North Carolina 27611. 

NORTH CAROLINA BOARD FOR 
LICENSrSG OF GEOLOGISTS 

The North Carohna Board for Licensing of 
Geologists is an occupational licensing board 
which regulates the practice of geolog>' by (1) 
determining whether applicants meet the statu- 
tor\' requirements for licensing, and (2) enforcing 
the statutory provisions governing the practice 
of geolog>'. N.C.G.S. Chapter 89E sets out the 
statutor>' authority of the Board. 

Any interested party may obtain information 
and make submissions or requests by contactms: 
the Board at P. O. Box 27402, Raleigh, N.C" 
27402 or by caUmg 919-781-7297. 

NORTH CAROLFSA BOARD OF 
LANDSCAPE ARC HITECTS 

The North Carolina Board of Landscape Ar- 
chitects is an occupational licensing board re- 
sponsible for the profession of landscape 
architecture, to include administering examina- 
tions, issuing certificates of registration, issuing 
annual renewal of certificates of registration, and 
for insuring compliance with the landscape ar- 
chitects' law. 

NOR I H CAROLFSA LANDSCAPE 
CON I RACTORS' REGISTR.VLION BOARD 



The North Carolina Landscape Contractors' 
Registration Board is an occupational licensing 
board responsible for the profession of landscape 
contracting, to include administering examina- 
tions, issuing certificates of registration, issuing 
annual renewal of certificates of registration, and 
for insuring compliance with the landscape con- 
tractors' law. 

NORTH CAROLINA MARITAL AND 

FAMILY THERAPY CERTIFICATION 

BOARD 

The North Carohna Marital and Family Ther- 
apy Certification Board was estabUshed in 1979 
in accordance with Chapter 3 1 , Article 1 8C of the 
North Carolina General Statutes. The Certif- 
ication Act was established to pro\ide a structure 
and procedures which insure that the public has 
a means of protecting itself from unprofessional, 
improper, and unauthorized use of certain titles 
by persons who practice marital and family ther- 
apy. 

Information on the certification process or the 
status of an applicant may be obtained by caUing 
919-760-4536 Monday through Fnday between 
the hours of 8:00 a.m. - 5:00 p.m., or by writing: 

SheUa K. Beck, Executi\e Secretary' 

N.C. Marital and Family Therapy Certification 

Board 

3000 Bethesda Place, Suite 304 

Winston-Salem, NC 27103 

BOARD OF MEDICAL EXAMINERS OF 
THE STATE OF NORTH CAROLESA 

HISTORY .AND PURPOSE: The North Carolina 
Board of Medical Examiners was established in 
1859 by legislature of the State of North Carolina 
with the purpose of the proper regulation of the 
practice of medicine and surger\-. It is for that 
purpose that the Board of Medical Examiners 
exists today. 

COMPOSITIO.N: The current Board of .Medical 
Examiners is composed of eight members. Seven 
of the members are physicians appointed by the 
Governor after being nominated by the North 
Carolina Medical Society, and one public mem- 
ber who is also appointed by the Governor. 

MEETINGS: Pursuant to Statute, the Board 
meets at least annually. Current regularly 
scheduled meetings are held in the months ot 
Januar). March, .May, June, August, October 



693 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



and December. Other meetings are scheduled 
during the year as needed to accomplish the 
Board's purpose. The Board has its greatest 
contact with the public in receiving complaints 
regarding physician behavior and competence 
and in the direct licensure of members of the 
pubhc who satisfy the Board that they are com- 
petent for hcensure to practice medicine in the 
State of North Carolina. 

PUBLIC COMPLAINTS: The public may com- 
plain regarding practices of physicians or con- 
cerns regarding the practice of medicine in the 
state by submission of a written complaint stat- 
ing the name of the physician concerned and the 
nature of the complaint. Such complaints can 
be submitted to the office of the North Carolina 
Board of Medical Examiners which is located at 
1313 Navaho Drive, Raleigh, North Carolina 
27609. The phone number at the office of the 
Board of Medical Exammers is 919,876-3885. 

Applicants for licensure to practice medicine in 
the State of North Carolina may make an appli- 
cation upon submitting a request for an applica- 
tion to the North Carolina Board of Medical 
Examiners. Upon receipt of such licensure re- 
quest the Board will send out appropriate appli- 
cation materials for the applicant. Any questions 
from the public not addressed herein may be ad- 
dressed to the North Carolina Board of Medical 
Examiners at the address shown above. 

MIDWIFERY JOINT COMMIITEE OF 
THE STATE OF NOR IH CAROI INA 

"Midwifery Joint Committee administers the 
provisions of Article lOA 'Practice of Midwifery' 
by the approval of nurses to practice midwifery 
in North Carolina and by regulation of that 
practice. 

All meetings of the .Midwifery' Joint Committee 
are open to the pubhc. Persons wishing to bring 
matters to the attention or consideration of the 
Midwifery- Joint Committee may write the 
Midwifery Joint Committee, P.O. Box 2129, 
Raleigh, NC 27602." 

NORTH CAROEINA BOARD OF 
MORTE ARV SCIENCE 

The North Carolina Board of Mortuary Science 
was created by Article 13A, Chapter 90, General 
Statutes. The Board consists of six persons li- 
censed by the Board and elected by Licensees, 
plus one pubUc member appointed by the Gov- 
ernor. The Board meets as often as necessary to 



transact its business. (It is required by law to 
meet at least twice a year.) It administers the 
examination to applicants for licensure twice a 
year. 

Information may be obtained from the sub- 
missions and requests may be made to the Board 
office, located at 412 North Wilmington Street, 
Raleigh, NC 27601, telephone (919) 733-9380. 

NORTH CAROLES A BOARD OF NLRSESG 

"The North Carolina Board of Nursing Ucenses 
registered nurses and licensed practical nurses; 
regulates the practice of nursing; approves edu- 
cational units leading to licensure; approves nurse 
aide educational programs; maintains the Nurse 
.\ide Central Registry; issues interpretations of 
the Nursing Practice Act; and maintains a joint 
subcommittee with the North Carolina Board of 
Medical Examiners for matters relating to the 
performance of medical acts of registered nurses. 

All meetings of the Board, including Board 
committee meetings, are open to the pubhc. 
Persons wishing to bring matters to the Board for 
its attention or consideration shaU submit the 
request in writing no less than 30 days prior to 
the scheduled regular meeting. The Board office 
is located at 3724 National Drive, Suite 201, 
Raleieh, NC 27612; mailing address is P.O. Box 
2 129, ''Raleigh, NC 27602." 

NORTH CAROLINA STATE BOARD OF 

EXAMINERS FOR NURSES G HOME 

ADMINISTRATORS 

The N.C. State Board of Examiners for Nursing 
Home Administrators has the following func- 
tions and duties: 

1 . Develop standards for licensure of nursing 
home administrators. 

2. Development and administration of ex- 
aminations for hcensure candidates. 

3. Issuance of Ucenses as nursing home ad- 
ministrators. 

4. EstabUsh and implement procedures to 
insure that hcensees comply with hcensure 
standards. 

5. Investigation of complaints relating to 
nursina home administrators. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



694 



STA TEMENTS OF ORGANIZA TION 



6. Continuing study for the purpose of im- 
provements in the standards for licensing. 

7. Conduct and review continuing educa- 
tion programs for nursing home adminis- 
trators. 

8. Develop and implement rules and regu- 
lations. 

9. Receive and disburse funds for the opera- 
tion of the Board. 

10. Maintaui a register of all applicants for 
Licensure and of Licensed nursing home 
administrators. 

11. De\elop an administrator-in-training pro- 
gram to msure that nursing home admin- 
istrators have adequate training and 
experience prior to licensure. 

location: 3701 National Drive, Suite 123, 
RaJeigh, N.C. 27612. 

Mailing Address: Same 

Telephone Number: 919 881-0029 

Contact: Jane C. Abemathey 

NORTH CAROLINA BOARD OF 
OCCl RATIONAL IHERAPY 

The North CaroUna Board of Occupational 
Therapy hcenses Occupational Therapists and 
Occupational Therapist Assistants to practice the 
profession of Occupational Therapy in the State 
of North CaroUna. The Board is composed of 
six members appointed by the Governor for 
staggered terms from one to four years. The 
Board consists of three Occupational Therapists, 
one Occupational Therapist Assistant, a public 
member and an orthopedic surgeon. The Board 
receives applications for prospecti\'e Ucensees, 
reviews the applications and if appropriate, issues 
licenses. It also conducts hearings with regard to 
Hcensure and with regard to the furnishing of 
competent occupational therapy services to the 
citizens of North CaroUna. 

The Office of the Board is located at Suite 1921, 
Center Plaza BuUding, 411 FayetteviUe Street 
MaU, Raleigh, North Carolina. The mailing ad- 
dress of the Board is P.O. Box 2280, Raleigh, 
North C;iroUna 27602, and its telephone number 
IS (919) 832-1380. The office hours of the Board 
are from 9:00 a.m. to 5:00 p.m. Monday through 
Friday. 



NORTH CAROLINA STATE BOARD OF 
OPTICIANS 

The North Carolina State Board of Opticians 
is located at: 

412 North Wilmington Street 
Raleigh, North Carolma 27601-1061 

The Board consists of seven members. Any 
information, submissions or requests may be di- 
rected to the Board office at the address above 
or by calling (919) 733-9321. 

NORTH CAROLINA STATE BOARD OF 
EXAMINERS LS OPTOMETRY 

The Board is estabhshed pursuant to North 
Carolina General Statute Section 90-116. Stat- 
utes concerning the Board are found at Sections 
90- 1 14 et seq. Rules and regulations concerning 
the Board are found at 21 NCAC 42A .0001. 
The Board's office is located at 321 East Main 
Street, Post Office Drawer 609, WaUace, North 
Carohna 28466-0609. 

Officers of the Board are: 

President 

Dr. L. S. Christian 

413 West Main 

Williamston, North CaroUna 27892 

(919) 792-2195 

Vice-President 

Mrs. Charles .Martin 

2560 Beechmont 

Winston-Salem, North Carolina 27101 

(919) 724-3294 

Secretary 

Dr. John D. Robinson 

321 East Main Street 

Post Office Drawer 609 

Wallace, North Carolma 28466 

(919) 285-3160 

NC WATS 800-426-4457 

Questions concerning the Board's operations or 
activities should be directed to Secretary 
Robinson. The Board's legal counsel are: 

G. Eugene Boyce 

Johnny M. Loper 

Womble Carlvle Sandridge and Rice 

Post Office Box 831 

Raleigh, North Carolina 27602 

(919) 755-2100 



695 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



The Board does not hold regularly-scheduled 
meetings other than its annual meeting and those 
associated with the licensing examination, but 
rather meets as events require. Although the 
Board has not designated a specific site for its 
meetings, they are most often held in Raleigh. 
The licensing examination meetings have been 
scheduled in Raleigh twice yearly through 1992. 
Administrative hearings are usually held in 
Raleigh. 

NORTH CAROLFNA BOARD OF 
PHARMACY 

The North Carolina Board of Pharmacy is lo- 
cated at 602H Jones Ferry Road, Carrboro, 
North Carolina. Its mailing address is Post Of- 
fice Box 459, Carrboro, North CaroUna 27510. 
The telephone number is (919j 942-4454. David 
R. Work is Executive Director of the Board. 
Requests for information or similar inquiries 
should be made to the Board's oiTice. Members 
of the Board are: Jack G. Watts; William H. 
Randall Jr.; William Whitaker Moose; Harold 
Vann Day; WiUiam T. Biggers and Albert F. 
Lockamy Jr. 

NORTH CAROLINA BOARD OF 
PHYSICAL THERAPY EXAMPsERS 

The North Carolina Board of Physical Therapy 
Examiners is an occupational Ucensing board 
which was created by the General Assembly in 
1951. The PhvsicaJ Therapy Practice Act is 
found in G.S. 90-270.24 - 90-270.39. 

The Board: 

(1) issues licenses to practitioners of physical 
therapy in order to protect the safety and 
welfare of recipients of physical therapy 
services in North Carolina. Both physical 
therapists and physical therapist assistants 
are licensed by the Board. Currently there 
are 2191 physical therapists holding active 
hcenses with 1531 of these residing in 
North Carolina. There are 664 hcensed 
physical therapist assistants and 558 of 
them Uve in the State. 

(2) is charged with the responsibility of m- 
vestigating complaints regarding the un- 
authorized practice of physical therapy in 
North Carolina and acts of licensees that 
violate the Practice Act. 

(3) issues interpretation of questions arising 
from the Physical Fherapy Practice Act. 



The Board consists of eight members including 
one medical doctor, four physical therapists, two 
physical therapist assistants, and one public 
member, who represents the interest of the public 
at large and is a person who is not licensed under 
Chapter 90. 

Licenses are granted both by endorsement of an 
active license in another state and by examina- 
tion. Examinations will be held on Julv 2, 1990, 
November 2, 1990, and February 28, 1991. 

The Board has adopted rules and regulations 
pursuant to the Administrative Procedure Act 
which are codified in 21 NCAC, Chapter 48. 

Further information may be obtained by writing 
the Executive Secretary, 2426 Tryon Road, 
Durham, North Carolina 27705. 

NORTH CAROLINA BOARD OF 

EXAMINERS OF PLUMBING AND 

HEATESG CONTRACTORS 

The State Board of Examiners of Plumbing and 
Heating Contractors administers the qualification 
licensing requirements for plumbing, heating and 
air conditioning contractors as defmed by Gen- 
eral Statutes 87 Article 2. The Board Rules are 
contained in 21 NCAC 50. 

The Board is composed of seven members ap- 
pointed by the Go\emor pursuant to G.S. 87-16. 

The Board's otfice is located at 806 Raleigh 
Building, 5 West Hargett Street, Raleigh, N.C. 
27602; Telephone (919^733-9350, office hours are 
8:30 - 5:00, Monday through Fnday. 

NORTH CAROLINA BOARD OF 
PODIATRY EXAMLSERS 

The Board of Podiatry Examiners for the State 
of North Carolma is estabUshed by G.S. 90-202.4 
of the North Carolina General Statutes. The 
Board consists of four members appointed by the 
Governor. Three of the members are hcensed 
podiatrists and the other member is chosen by 
the Governor to represent the public at large. 

The Board of Podiatr\' Examiners for the State 
of North Carolina is an occupational Ucensing 
Board responsil^le for the practice of podiatry, 
including examinations, licensure, discipline, 
continuing education, record keeping and other 
matters pertaining to the practice of podiatp.' in 
the State of North Carolina. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



696 



ST A TEMENTS OF ORGANIZA TION 



Information may be obtained from and sub- 
missions and requests may be made through .\nn 
Carlton, the Board's Executive Secretary, P. O. 
Box 1088, Raleigh, North Carolma 27602, or the 
Board President, Dr. C. Jeff Mauney, P. O. Box 
1801, Shelbv, North Carolina 28150. Ms. 
Carhon's phone number is (019) 829-4989 and 
Dr. .Mauney's phone number is (704) 487-7555. 

B().\RD OF REGISTERED FRACTICrNG 
COLASELORS 

The North Carolina Board of Registered Prac- 
ticing Counselors certifies counselors for private 
practice who hold a minimum of a masters de- 
gree in counseling (or related area), have at least 
two years of counseling experience, and have 
passed an examination. The Board maintains a 
registry of counselors who have submitted cre- 
dentials for review and have been certified. In- 
formation on registration procedures or 
verification of counselors credentials mav be ob- 
tained by writina: NCBRPC, Box 12023, 
Raleigh, NC 27605. 

NORTH C AROLESA STATE BOARD OE 

EXAMINERS OF PRACTICING 

PSYCHOLOGISTS 

The North Carolina State Board of Examiners 
of Practicing Psychologists was established in 
1967 by an Act of the North Carolina Legislature 
known as the Practicing Psychologist Licensing 
Act. The purpose of the Board is to provide for 
the examination and licensure of persons who 
engage in the practice of psychology in the State. 
The mailing address is University Hall, 
Appalachian State University, Boone, North 
Carohna 28608. Telephone (704) 262-2258. 

NORTH CAROLINA STATE BOARD OE 
REGISTRATION FOR PROFESSIONAL 
ENGINEERS AND LAND SURVEYORS 

The North Carolina State Board of Registration 
for Professional Engineers and Land Sun.'eyors 
is established under the pro\'isions of Chapter 
89C of the North Carolina General Statutes. 
The Board is composed of nine members, ap- 
pointed by the Governor for a five year term. 
There are four (4) Professional Engineer mem- 
bers, three (3) Registered Land Surveyor mem- 
bers, and two (2) public members. 

Ehe Board is responsible for the administration 
and regulation of the professions of engineering 
and land surseving in North Carolina. The 



Board reviews applications, administers exam- 
inations, registers qualified applicants, and regu- 
lates the professional practice of the registrants 
throughout the State. Complaints are investi- 
gated, and those requiring further action are 
scheduled for a hearing before the Board. 

Board meetings are held at the Board's offices 
in Raleigh, and are open to the public. Persons 
wishing to bring matters for the Board's consid- 
eration should submit written notification or re- 
quest to be placed on the agenda at least 20 days 
prior to the scheduled regular meeting. The 
Board address is 3620 Six Forks Road, Suite 300, 
Raleiiih, North Carolma 27609; phone (919) 
781-9499. 

NORTH CAROLINA REAL EST.VFE 
COMMISSION 

The North Carolina Real Estate Commission 
is a state governmental aaency. Its address is 
Post QfTice Box 17100, Raleigh, NC 27619 and 
its telephone number is (919) 733-9580. 

The Commission hcenses and regulates real es- 
tate agents including brokers, salesmen and cor- 
porate brokers. It handles complaints from 
consumers against licensees. The Commission 
also registers time share projects and regulates 
their sales activities, and licenses, certifies and 
regulates real estate appraisers. The Commission 
has the power to take disciplinary action against 
real estate agents, appraisers and time share 
projects where it determines there is a \iolation 
of the License Law. 

Departments and personnel in the Real Estate 
Commission include the Commission itself, con- 
sisting of seven volunteer members appointed by 
the Governor. The Executive Director is re- 
sponsible for overall administration of the Com- 
mission's staff, and programs and operations in 
accordance with the policies and directives of the 
Commission. The administrative section is re- 
sponsible for personnel and financial manage- 
ment, as well as general and technical support. 
The licensing section processes the various ap- 
plications submitted and maintains records on all 
licensees. The education section develops 
standards and materials for pre-licensing study, 
appro\es real estate schools and develops and 
administers the real estate and appraiser license 
examination program. The in\estigative section 
investigates complaints against real estate agents, 
appraisers and time share sales and management 
personnel. 1 he section also employs auditors 
who ex;miine the trust accounts of real estate 



697 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



firms and time share projects. The legal section 
conducts inquiries and coordinates investigations 
of consumer complaints, prosecutes charges 
against licensees at hearings before the Commis- 
sion, and provides legal counsel to the Commis- 
sion. The appraiser section administers a 
voluntary program for licensing and certifying 
real estate appraisers. 

NORTH CAROLINA BOARD OF 
REFRIGERATION EXAMINERS 

The State Board of Refrigeration, under Chap- 
ter 87, /Vrticle 5 of the General Statutes of North 
Carolina, consists of seven members appointed 
by the Governor to serve seven-year staggered 
terms. The Board administers two examinations 
per year to license commercial refrigeration con- 
tractors for this State. For further information 
concerning this Board, please contact Mrs. 
Kathleen .\I. Hansinger, Executive Director, P.O. 
Box 10553, Raleigh, NC 27605. 

NORTH CAROLESA CERTIFICATION 
BOARD FOR SOCIAL WORK 

The North Carolina Certification Board for 
Social Work is an occupational regulator>' board 
authorized by the Social Worker Certification 
Act, Chapter 90B of the North Carolina General 
Statutes. 

The North Carolina Certification Board for 
Social Work administers and enforces the pro- 
visions of the Social Worker Certification Act. 
The primary responsibilities of the Board are: 

(1) To examine and pass on the qualifications 
of all applicants for certification; and 

(2) To establish or approve study or training 
courses. 

The North Carolina Certification Board for 
Social Work is composed by law of seven mem- 
bers appointed by the Govcmor. Board mem- 
bers shall include four certified social workers and 
three members from the general public. At all 
times the Board shall include at least one mem- 
ber primarily engaged in social work education, 
at least one member primarily engaged in social 
work in the public sector, and at least one mem- 
ber primarily engaged in social work in the pri- 
vate sector. 

The public may obtain information about cer- 
tification or submit applications to the North 
Carolina Certification Board for Social Work, 



P.O. Box 1043, Asheboro, North Carolina 
27204, telephone (919) 625-1679. 

BOARD OF EXAMESERS FOR SPEECH 

AND LANGUAGE PATHOLOGISTS 

AND ALDIOLOGISTS 

Board Chair: Gregg D. Givens, Ph.D. 
Board Members: LuVem H. Kunze, Ph.D. 

John E. Sexton, M.S. 

Doris S. Blackwell, M. Ed. 

G. Don Roberson, .M.D. 

Ms. Sheila W. Cothran 

Ms. Thayle .M. Sanderson 

Executive Secretary': Sandra S. Capps 

NORTH CAROLINA DEPARTMENT OF 
CO.MMLN,ITY COLLEGES 

The Department of Community Colleges fulfdls 
its administrative responsibilities through the 
following organizational structure: Office of the 
System's President with an Executive Vice Presi- 
dent, six special assistants, and three divisions-- 
Pinance and Administrative Support, Programs, 
and Student Development Services. 

NORTH CAROLINA HOUSEVG FINANCE 
AGENCY 

Description of Organization 

The North Carolina Housing Finance Agency 
was created by the North Carolina General As- 
sembly in 1973. The purpose of the Agency is 
to fmance affordable housing for the state's low- 
and moderate-income citizens. The Agency ob- 
tains funds to meet this goal through the sale of 
tax-exempt bonds, the management of federal 
housing programs and the administration of the 
state's housing trust fund. Funds earned through 
Agency operations pay stalT salaries and admin- 
istrative expenses. 

For state budget purposes, the Agency is cate- 
gorized with the Go\cmor's Office. However, a 
thirteen member board of directors, with exper- 
tise in various aspects of housing, sets poUcy for 
the organization and hires the Executive Direc- 
tor. Eight members of the board are appointed 
by the General Assembly, four upon the recom- 
mendation of the Speaker of the 1 louse of Rep- 
resentatives and four upon the recommendation 
of the President of the Senate. The Go\'emor 
also appoints four members to the Board of Di- 
rectors and the members of the Board elect a 
thirteenth member. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



698 



STA TEMENTS OF ORGANIZA TION 



The Agency operates several housing programs 
that are in one of three program areas: single 
family homeowncrship; muUifamily rental hous- 
ing; and housing rehabilitation. In 1988, the 
Agency was also given responsibility for admin- 
istration of the North Carolina Housing Trust 
Fund. 

To Obtain Additional Information About the 
Agency or to Make Submissions or Requests 

For information about the Agency and its pro- 
grams, contact the North Carolina Housing Fi- 
nance Aaencv, 3300 Drake Circle, (Suite 200), 
Post Office Box 28066, Raleidi, North Carolina 
27611, Telephone: (919) 78r-61 15. For general 
information about the Agency, interested parties 
should contact the Manager of Communications. 
For program information, or to make sub- 
missions related to specific programs, the director 
of the applicable program area (single family, 
muUifamily or housing rehabilitation) should be 
contacted. 

NOR in CAROLINA OFFICE OF STATE 
PERSONNEL 

Our purpose as an agency of State Government 
is to serve the interests of State employees; to 
manage the programs established by the Gover- 
nor, the Legislature and the State Personnel 
Commission; and to provide specific services to 
the general public. 

The Office of State Personnel is the administra- 
tive arm of the State Personnel Commission. It 
monitors the policies and programs set by the 
State Personnel Commission, establishes proce- 
dures to complement personnel policies, and de- 
velops proposals for new or revised policies for 
Commission consideration. Under the direction 
and guidance of the State Personnel Director, a 
staff of approximately 130, including an assistant 
director and se\en division managers, carry out 
the services and programs of the Office of State 
Personnel. 

The Director's Office provides the leadership for 
the Office of State Personnel and its staff of per- 
sonnel professionals. Another area of responsi- 
bility of the Director's Office is to monitor 
persormel problems within State government. 
Federal laws and policies affecting personnel ad- 
ministration, and ratified bills of the N. C. Gen- 
eral Assembly. This division also manages the 
Credentials Verification Program which provides 
for checks on the education and professional 
credentials of employees. 



The Safety and Health Division administers the 
Workplace Requirements for Safety and Health 
Program. The Program's goals are: (a) to assist 
in protecting employees from job-related injuries 
or health impairment; (b) help in preventing 
accidents; and (c) to provide training in emer- 
gency medical procedures, forming emergency 
plans, and monitoring industrial hygiene, house- 
keeping and samtation. 

The Administrative Services Division is organ- 
ized into three major sections: Policy Adminis- 
tration, Personnel Management Information 
Systems (PMIS), and the Office of State Person- 
nel's Internal Administration. The Policy Ad- 
ministration Section de\elops and monitors 
policies pertaining to the administration of the 
pay plan, leave, holidays, and other conditions 
of employment, and coordinates policy recomm- 
endations with the Office of State Personnel's 
managers and the State Personnel Commission. 
The Personnel Management Information Sys- 
tems (PMIS) maintains computerized personnel 
and position data system on all employees sub- 
ject to the State Personnel Act. The Internal 
Administration Section provides on-going sys- 
tematic operation of State Personnel including 
automating OSP's operations by the use of word 
processing, electronic filing and retrieval, and 
electronic mail and communications. 7his sec- 
tion also coordinates budgeting, purchasing, mail 
and supply functions with the Department of 
Administration. 

The Fmployee Relations Division provides ser- 
vices in the research and development of pro- 
grams and pohcies which apply modem 
management concepts and practices in the area 
of employee-employer relations, placing empha- 
sis on the dignity and value of the indhidual. 
Programs and services of this division include: 
Governor's Awards for Excellence: Service 
Awards; Wage and Hour Law Administration; 
Pre-retirement Employee's Plarming Program 
(PREPARE); Employee Assistance Program; 
WeUness Improvement for State Employees 
(WISE) Program; Employee, Management Com- 
munications; Work Planning and Ferfonnance 
Review (WPPR). 

The Fmployee and Management De\elopment 
Division provides general employee and man- 
agement trammg programs, staff support, and 
resources for personnel development activities for 
all State agencies. Among its programs and ser- 
vices are: Public Manager Program; Professional 
Skills Program; Super\isor>' SkiUs Training Pro- 



699 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



STA TEMENTS OF ORGANIZA TION 



gram; Educational Assistance Tuition Refund; 
Media Services Assistance. 

The Equal Opportunity Services Disision is re- 
sponsible for providing leadership for the State's 
Equal Employment and ^-VfTirmative Action Pro- 
gram. Technical assistance for affirmative action 
planning and implementation is provided to State 
and local government agencies, and their affir- 
mative action plans and programs are monitored 
on a regular basis. Specialized programs and 
services offered to meet the special and unique 
needs of protected groups, enhance their re- 
tention and promotability and to sensitize man- 
agers to EEO'/V.A. related issues include: Model 
Cooperative Education Program; AlTirmative 
Action Skills Bank; Affirmative Action Outreach 
Program; Positive Emphasis Program; Upward 
Mobility Program. 

The Position Management Division has the 
primary responsibility of estabhshing and main- 
taining the State's Position Classification and Pay 
Plan for approximately 79,000 positions subject 
to the State Personnel Act. This division also 
has a signiticant responsibility to 140 local gov- 
ernmental jurisdictions in reviewing and approv- 
ing pay plans for positions in those jurisdictions. 
Another duty of this division is the conducting 
of comprehensive salars and benefits surveys to 
assure that State Go\emment salary levels are 
adequate to attract and retain competent em- 
ployees. It also assists in de\cloping and ap- 
proving recommendations for substantially 
equivalent separate systems for local government 
jurisdictions. 

The Workforce Resources Di\ision administers 
policies guiding recruitment and selection for 
SPA positions and those subject to the Federal 
Standards for a Merit System of Personnel Ad- 
ministration. The di\ision also pro\ides assist- 
ance to agencies in particular areas of recruitment 
needs and carries out recruitment goals advanta- 
geous to State government as a whole. Some 
programs and ser\ices offered by this di\ ision are: 
Temporar)' Solutions; Careers in Government 
Counseling and Career Support Sen.ices; Work 
Options. Reduction in force and pnority re- 
employment pohcies are administered in this di- 
vision. Other functions include acting as Uaison 
and coordinator on major policy matters relating 
to the State Local Government relationship un- 
der the State Personnel Act, and in the inter- 
change of personnel loaned from one 
governmental level to another due to an agenc\ s 
need for special skills and knowledges not a\ail- 
able within the organization. 



STATE OF NORTH CAROLINA OFFICE 
OF ADMrSISTRATFV E HEARLSGS 

The Office of Administrative Hearings (OAH) 
is an independent, quasi-judicial agency. It is 
one of the twenty-five administrative depart- 
ments of state government authorized by Article 
III, Section 11 of the North Carolina Constitu- 
tion. 

The purpose of this agency is to estabhsh and 
carry out a uniform system of administrative 
rulemaking and adjudicatory procedures for state 
agencies thereby ensuring that the functions of 
rulemaking, investigation, advocacy and adjudi- 
cation are not all performed by the same group, 
staff or agency in the administrati\'e process. 

The mission of this agency is carried out 
through six groups within the Office: 

(1) The Adjudicative Staff - consists of the 
Chief Administrative Law Judge, who is 
also the Director of the agency, and Ad- 
ministrati\e Law Judges responsible for 
conducting hearings on various grievable 
issues covered by administrati\'e law. 

The Deputy Director is responsible to the 
Director for all functions of the agency 
except adjudications. 

(2) The Hearings Staff - administers the con- 
tested case hearing provisions, the proc- 
essing of cases and the collection, coding 
and tabulation of data related to cases. 

The Hearings Manager will be responsible 
for the support activities for the hearings 
function. 

(3) J he Rules Publication Staff - performs 
administrative and technical work in the 
compilation, production and publication 
of the North Carolina Register and the 
North Carohna Administrative Code. 

The Director of APA Services is responsible 
for the operations of the Rules PubHca- 
tion Staff 

(4) The Administrative Staff - pertonns 
ministerial acti\ities invoh'cd in personnel 
and public relations. 

(3) The Civil Rights Division - conducts in- 
vestigations and seeks resolutions of dis- 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



'00 



57".^ TEMENTS OF ORGAMZA TION 



crimination cases deferred by the Equal 
Employment Opportunities Commission. 

(6) The Fiscal Staff - performs activities in- 
volved in budget, purchasmg and payroll. 

Ihe public may obtain information about and 
make submissions or requests to the Office of 
Administrative Hearings in person at 424 North 
Blount Street. Raleigh, North Carolina, by mail 
at Post Office Drawer 11666, Raleigh, N. C, 
27604, and by telephone as follows: 



Administrative Staff 
(919) 733-2691 

Rules PubUcation Staff 
(919j 733-2678 

Hearings Staff 
(919) 733-2698 

Civil Riahts Division 
(9i9r733-0431 



The following agencies did not submit a Statement of Organization; Council of State; Revenue; 
Transportation; Hearing .Aid Dealers and Eitters; Board of Osteopatluc Examination and Registration; 
Sanitarian Examiners; Vetcnnarv .Medical Board. 



701 



5:10 yORTH CAROLINA REGISTER August 15, 1990 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Medical Care Commission (Di- 
vision of Facility Services) intends to adopt 
rule(s) cited as 10 NCAC 3V .0101, .0201 - 
.0204. and .0301 - .0303. 

J he proposed effective date of this action is 
January 1 , 1991 . 

1 he public hearing will be conducted at 9:30 
a.m. on September 21 , 1990 at Room 201 , Council 
Building, 701 Barbour Drive. Raleigh, N. C. 
27603. 



Co 



'Omment Procedures: .4ny interested person 
may present comments in writing at least three 
days prior to or at the hearing or orally at the 
hearing for a maximum of ten minutes. Any per- 
son may request information by writing or calling 
Lynda McDaniel, Division of Facility Services, 
701 Barbour Drive, Raleigh, North Carolina 
27603. {919} 733-2342. 

CHAPTER 3 - FACILITY SER\ ICES 

SUBCHAPIER .n - M RSINC POOL 
LICENSLRE 

StCnON .0100 - GENERAL INFORMATION 

.0101 DEFINITIONS 

The following definitions apply throughout this 
Subchapter: 

(1) "Division" means the Division of Facility 
Services within the Department of Human 
Resources. 

(2) "Premises" means a building and the tract 
of land upon which it sits. 

Statutory Authority G.S. 13 /F- 154.4. 

SECTION .0200 - LICENSING 

.0201 APPLICATION FOR LICENSE 

(a) Requests for a nursing pool license shall be 
submitted on application forms made available 
by the Division. Each application shall include 
the following information: 

(1) Business identification consisting of the 
following: 
(A) The business name or names under 
which the licensed ser\'ices will be offered 
in brochures, yeUow pages, and other ad- 
vertisements. 



(13) The full street address location of the 
office premises which the public will con- 
tact to obtain the offered nursing pool 
services. 

(C) The postal address of the office for 
which licensing is requested. 

(D) A listing or description of any state is- 
sued licenses apphcable to the premises 
for which the application is submitted. 

(2) Ownership disclosure consisting of the 
following: 

(A) The name of the legal person, corpo- 
ration, partnership, or proprietor, with 
ownership Liability and authority applying 
for a license. 

(B) The name, business title, address, and 
telephone number of the proprietor, 
managing partner, or chief executive offi- 
cer. 

(C) The name of other corporations, trusts, 
or holding companies involved when the 
applying entity is a wholly owned subsid- 
iary corporation. 

(3) Names, title and telephone number of the 
on-site manager for the location to be li- 
censed. 

(4) General information on all health care re- 
lated services expected to be offered to the 
public from the premises on the effective 
date of licensure. 

(b) Nursing pools subject to this Subchapter, 
but exempt from separate licensure, shall submit 
an application in accordance with this Rule and 
an addendum to their existing license shall be is- 
sued. 

(c) A copy of this Subchapter together with the 
governing statutes shall be maintained on the Li- 
censed premises for use by on-site personnel. 

Statutory Authority G.S. 13/F-/54.4. 

.0202 ISSL.VNCE OF LICENSE 

(a) Each site shall be indi\idually licensed when 
it has been determined by the Division that the 
site involved is substantially in compUance w ith 
this Subchapter. Business sites using the same 
pubUc business name already licensed by the Di- 
vision pursuant to G.S. 13 IE, Articles 5 or 6 shall 
have "nursing pool" added to their existing li- 
cense. 

(b) Nursing pools administered by health care 
facilities as defmed in G.S. 131E-154.2 of the 
Nursing Pool Licensure Act, and agencies li- 
censed under /Vrticle 5 or 6 of Chapter 131E of 
the General Statutes and not required to be sep- 
arately licensed may request the issuance of a U- 
ccnse as a more visible means of demonstrating 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



702 



PROPOSED RULES 



their compliance with the provisions of this 
Subchapter, 
(c) .All licenses shall be renewed annually. 



Slatuiory Authoriiv G.S. 
13 /E- 154.4: 1 31 E- 1 54.5. 



I3IE-154.3; 



.0203 PROGR.VM COMPLIANCE 

(a) The Di\ision shall employ a system of mi- 
tial and renewal applications, complaint investi- 
gation and on-site inspections for nursing pools 
with sites in the state as a means for monitoring 
and determining program compliance. This sys- 
tem shall be applied uniformly to all licensed and 
hcense-exempt nursing pool premises. Routine 
licensing renewal activities may be conducted by 
mail. Licensing of nursing pools with sites out- 
side the state, but which pro\ide personnel to 
health care facilities within the state, shall be 
conducted by mail. 

(b) In the event of non-compUance with any 
rule or rules in this Subchapter or the Nursing 
Pool Licensure Act, the business shall be given 
no more than thirty days, the specific time period 
to be determined by the Division, to correct the 
non-compliance. 

(c) The Division may suspend, revoke, annul, 
withdraw, recall, cancel, or amend a hcense in 
accordance with G.S. 131E-154.6 for any nursing 
pool that substantially fails to comply with the 
rules contained in this Subchapter or that fails to 
implement an approved plan of correction for 
\iolations of rules cited by the Duision. .A 
nursing pool may appeal any adverse decision 
made by the Division concerning its hcense by 
making such appeal in accordance with the .Ad- 
ministrative Procedures .Act, G.S. 150B and de- 
partmental rules 10 NC.AC IB .0200 et seq. As 
provided for in G.S. 13 IE- 154.7, the Division 
may seek injuncti\'e relief to prevent a person 
from establishing or operating a nursing pool 
without a License. 

Statutoiy Authority G.S. 13IE-I54.4. 

.0204 l>l FiLlC DISPLAY 

(aj The nursing pool s hcense shall be \'alid 
only for the premises on which displayed and 
specified on the hcense. 

(b) The public use of the pool s hcense status 
shall not be included in an\" advertisement which 
in\'olves any unhcensed services offered by the 
hcensee and has the potential for misleading the 
pubhc into behe\"Lng that both covered and non- 
covered senices are represented by the hcense. 



Siatutoij 
131 E- 154. 4. 



.Authority 



G.S. 



131E-I54 



J.' 



SECTION .0300 - ADMINISTR.ATION 

.0301 WRITTEN POLICIES AND 
PROCEDURES 

(a) The nursiag pool shall have written ad- 
ministrative and personnel pohcies to govern the 
services that it provides. 1 hese pohcies shall in- 
clude those concerning patient care, personnel, 
training and orientation, supervision, employee 
evaluation, and organizational structure. 

(b) .At the option of the hcensee, written poh- 
cies and procedures may address other services 
not subject to the Nursing Pool Licensure .Act. 
The Division shall not require separate pohcies 
and procedures if the premises from which nurs- 
ing pool ser\ices are offered also offers additional 
temporary nursing services not subject to 
hcensure. 

(c) Pohcies shall provide that no repnsal action 
shall be taken against any employee who reports 
instances of patient rights violations or patient 
abuse, neglect or exploitation to the appropriate 
governmental authority. 

Statutory .Authority G.S. 131 E- 154.4. 

.0302 PERSONNEL RECORDS 

(a) .A nursing pool shall maintain a personnel 
record on each indi\ idual. 

lb) Each mdi\iduars personnel record shall 
include: 

( 1 ) .A legible copy of a current hcense or reg- 
istration card issued by the North 
Carolina Board of Nursing or a document 
issued after July 1, 1989, by an institution 
or program acceptable to the Division 
certifying that the individual in\ol\ed has 
completed a competency evaluation for a 
nursing home nurse aide or le\el 1 nurse 
aide. 

(2) A completed job apphcation with em- 
ployment histon,", training, education and 
continuing education. 

(3 1 Results of reference checks. 

(4) Performance evaluations at least annually. 

Statutory Authority G.S. I31E-I54.4. 

.0303 INSLRANCE REQUIRED 

The nursing pool shall cany general and pro- 
fessional habihty insurance written by an insurer 
approxed by the North Carolina Department of 
Insurance. The amount of insurance coverage 
shaU be subject to approval by the Di\ision. 

Statutory .Authority G.S. I3IE-I54.4. 



'03 



5:10 SORTH CAROLLWA REGISTER August 75, 1990 



PROPOSED RULES 



^■^-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k 



1\ oti'ce is hereby given in accordance with G.S. 
I SOB- 1 2 that the Division of Agin^ intends to 
amend nde(s) cited as 10 ^CAC 22G .0802. 

1 he proposed effective date of this action is De- 
cember /, 1990. 

I he public hearing will be conducted at 10:00 
a.m. on September 17, 1990 at the 693 Palmer 
Drive, Room 127, Raleigh, N. C. 27603. 



Co 



omment Procedures: Written comments con- 
cerning the proposed regulation must be submitted 
by 9,/ 7/90 to: .\fs. Debbie Brantley, Dhision of 
Aging. 693 Palmer Drive, Raleigh. A'.C. 27603. 
Oral presentations may be presented at the hear- 
ing, .-iny person may request information or 
copies of the proposed regulation by writing .\fs. 
Brantley at the aforementioned address or by 
calling her at 733-S400. 

CHAPTER 22 A(;iNG 

SLBCHAF'l ER 22G - PROGRAM OPERATIONS 

SECTION .0800 - AD\ OCACY ASSISTANCE 

.0802 LONG-TERM CARE OMBl DS\E\N 
PROGRAM 

^fh» Di' i i ' jion b( iVuinj h«* L": . tQbli > jht'd aft4 ef^ 
oratL'o a ^ . tutL ' vs idc* lonij tL ' rni ettft* ombud '. inan 
program (4w+f moot ' , . IV ' derul »h4 -i tal t* roqviirL * 
ment ;. cH» rL ' pnnlL -' d m »+t^ Di' . i -. ioii ;. "Manual *-4~ 
Pulicior i tt«4 Proceduro ' ; . ," Section iiOftr 4-h<* ft- 
vii . ion Bi Aging oporateo Ae oinbudL i inan pfe- 
gram diroctly. 

I he Di\ i^ion shall pro\'idc a long-tcnn care 
ombudsmvtn program subject to t]ie following: 

( 1) I he identitN of the resident, complainant 
and indi\iduals who provide information to 
the state or regional ombudsman rele\ant to 
a complamt she or he is atlemptini; to re- 
solve IS confidential and can onh be dis- 
closed with wntten pennission of the 
resident unless the court requires that such 
persons' identity be revealed. 

(2) The state and regional ombudsman shall 
ha\e access to medical and personal financial 
records which are maintained bv the facihtv 



Qi 



with wntten permission of the resident, his 
legalh appointed iiuardian or upt^n court 
order. 

If the regional ombudsman recei\'cs a 
complamt directly and plans to utili/e any 
communitv ad\isorv committee members 



for complaint resolution, written permission 
must be obtained from the resident or resi- 
dent's legal representative to utilize the 
community advisory committee members 
for this purpose. 

(4) When the regional ombudsman receives a 
complaint directly, she or he retains juris- 
diction and oversight o\er the complaint 
throughout the complaint resolution proc- 
ess. 

(5) If the community advisory committee 
chairman discloses the identity of the resi- 
dent who flics a complaint or on whose be- 
halt a complaint is filed to the regional 
ombudsman, the reirional ombudsman as- 



sumes jurisdiction and o\\ 



iht over the 



complaint. 
(6) If the regional ombudsman belie\es the 
resident on whose behalf a complaint has 
been tiled is not competent, she or he shaU 
consult with the attorney designated to pro- 
vide legal representation regarding proce- 
dures for pursuing appointment of a legal 
representative for the resident. 

Authority G.S. I43B- ISl .1 (c ) : I43B-IS1.IS - .25; 
45 C.F.R.. c. .YIII. Part 1321. 

TITLE 12 - DEPARTMENT OF JUSTICE 



No 



otice is hereby ghen in accordance with G.S. 
I SOB- 1 2 that the North Carolina Criminal Justice 
Education and Training Standards Commission 
intends to amend rule(s) cited as 12 \CAC 9B 
.0104, .0205. .02/2 - .0214, .0226 - .0227. .03/0; 
9C .0308, .060/ and .0603. 

1 lie proposed effective date of this action is 
February /, /99/. ' 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, /990 at the Hearing Room 
of the Alcoholic Beverage Control Commission 
Building, 3322 Old Garner Road, Raleigh. S'orth 
Carolina. 

(_ omment Procedures: .-iny person interested in 
these ndes mav present oral or written comments 
relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing .should be directed to the 
undersigned. The propo.sed ndes are a\-ailable for 
public inspection and copies may be obtained at 
the following address: 

Criminal Justice Standards Dhision 

Sorth Carolina Department of Justice 

/ West Morgan Street 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



704 



PROPOSED RULES 



Room 123 

Court of Appeals Building 

Post Office Dra\^-er 149 

Raleigh, North Carolina 2~602 

CHAPTER 9 - CRIMINAL JLS TICE 
EDL CATION AND TRAINING STANDARDS 

SI BCIIAPTER 9B - STANDARDS FOR 

CRIMINAL JLSTICE EMPLOYMENT: 

EDLCATION: AND TRAINING 

SECIION .0100 - MINIMIM STANDARDS FOR 
CRIMINAL JLSTICE EMPLOYMENT 

.0104 MEDICAL EXAMINATION 

(a) Each applicant for employment as a crimi- 
nal justice officer shall complete the commis- 
sion s Medical Histon^ Statement Form within 
one year prior to employment by the employing 
agency and shall be examined by either a physi- 
cian or surgeon Licensed to practice medicine in 
North Carolina or bv a phxsician or surgeon au- 
thorized to practice medicine in accordance with 
the rules and regulations of the Inited States 
Armed Forces within one \ear pnor to employ- 
ment by the employing agency. 

Statutoty Authority G.S. I~C-6: rC-lO. 

SECIION .0200 - MINIMI M STANDARDS FOR 

CRIMINAL JLSTICE SCHOOLS AND 

CRIMINAL JLSTICE TRAINING PROGRAMS 

OR COLRSES OF INSTRUCTION 

.0205 BASIC TRAINING - LAW 

ENFORCEMENT OFFICERS 

(b) The course entitled "Basic Recruit Training 
-- Law Enforcement" shall consist of a minimum 
of 44-0 432 hours of instruction and shall include 
the following identified topic areas and inmimum 
instructional hours for each area: 



(^ Emorgoncy Mjdical Sonlcos 

(9) First Respondcr 
(24) Flectncal and Hazardous 
Material Fmijrg i jncij i r i 
Materials Emergencies 



34 Houro 
40 Hours 



^ Hourf i 
12 Hours 



(7) Supenised Monitored Practice with 

Specific Radar Instruments 6 Hours 

Statuton: Authority G.S. nC-6. 

.0213 CERTIFIC.\TION TRAINING FOR 
RADAR TD/SMI OPERATORS 

(c) Each combined radar and time-distance 
speed measurement instrument operators' train- 
ing course shall include all topic areas specified 
in"l2 NC.-\C 9B .0212(c). The additional 16 in- 
structional hours in the time-distance speed 
measurement instrument operators' training 
course shall include but not be limited to the 
following topic areas and corresponding instruc- 
tional hours and incorporate the corresponding 
minimum trainee performance objectives within 
the course curriculum: 
(-^ Field Op e ration ef 
(5) Super\ised Monitored Practice with 

Specific lime- Distance Speed 

Measurement Instruments: 5 Hours 

Statutoty .Authority G.S. l~C-6. 

.0214 CERTIFICATION TRAINING FOR 
TD/SMI OPER.UORS 

(c) Each time-distance speed measurement in- 
strument operator training course for law en- 
forcement officers shall include the following 
topic areas and corresponding mstructional hours 
and incorporate the corresponding minimum 
student performance objectives within the course 
curriculum: 

(^ Field Operation ei' 

(7) Super\'ised Monitored Practice with 

Specitic 1 une- Distance Speed 

Measurement Instruments: S Hours 

Statutoty .Authority G.S. I7C-6. 

.0226 SPECIALIZED INSTRUCTOR 
TRAINING - FIREARMS 

(d) Each specialized firearms instructor training 
course shall include as a minimum the following 
identified topic areas and minimum instructional 
hours for each area: 



Statutoty Authority G. S. rC-6: PC-IO. ( D 

(2) 

.0212 CERTIFICATION TRAINING (3) 

FOR RADAR OPERATORS (4) 

(c) Each radar operator training course for law (5) 

entbrcement officers shall mclude the following (7) 

topic areas and corresponding instructional hours (9) 
and incorporate the corresponding minimum 

trainee performance objecti\es within the course (10) 
curriculum: 

(-i+ Field Operation t+f (11) 



Orientation Pretest 

Range Operations 

Civil Eiability 

Night Firing 

Combat Shooting 

Shotgun Operation and Firing 

Rifle - Operation and 

Maintenance 

Service Handgun - Maintenanc 

and Cleaning 

Range .Medical Emergencies 



^ S 

4.-3S 

a 4 

g 2 

4+ x 

44 4 



Hours 
Hours 
Hours 
Hours 
Hours 
Hours 



4 4 Hours 



4 2 

4 2 



Hours 
Hours 



705 



5:10 yORTH CAROLEXA REGISTER .August 15, 1990 



PROPOSED RULES 



( 13) In-Scn'ice Firearms 

Requirements 2 Hours 

Statutory- Authority G.S. 17C-6. 

.0227 SPKCI ALIZED INSTRl CTOR 
TRAIMNG -DRIMNG 

(a) The instructor training course required for 
specialized driver instructor certification shall 
consist of a minimum of ^ 35 hours of instruc- 
tion presented during a contmuous period of not 
more than one week. 

(d) Each specialized driver instructor training 
course shall include as a minimum the foUovving 
identified topic areas and minimum instructional 
hours for each area: 

(2) Lesson Plan Review (BIBT) * 4 Hours 

(3) General Mechanical Knowledge 4 2 Hours 

(7) Fundamentals of Professional 

Liability for Trainers ^ 4 Hours 

(8) Course Re\iew State Exam 3 Hours 

Statutory Authority G.S. I7C-6. 

SECTION .0300 - MIMMLM ST.WD.VRDS FOR 
CRIMIN.VL JUSTICE INSTRL CTORS 

.0310 TERMS AND CONDLllONS 
-SMI INSTRLCTORS 

(a) The tenn of a radar instructor or a radar 
and time-distance speed measurement instrument 
instructor is two years from the date the com- 
mission issues the ccrtit"icate, unless sooner ter- 
minated by the commission. The certificate may 
be renewed for subsequent three year periods. 
The SMI instructor desiring renewal shall: 

(2) Ha\e been active in the SMI classroom 

instructional process during the previous 

certification period. 

Statutory .-luthority G.S. I7C-6. 

SUBCHAPTER 9C - ADMINISTRATION OF 

CRIMINAL JUSTICE EDLCATION AND 

TRAINING STANDARDS 

SECTION .0300 - CERTIFICATION OF 
CRIMINAL JLSTICE OFFICERS 

.0308 INSJRUMENT OPERATORS 
CERIII ICATION PROGRAM 

Certification in either categop. will reflect oper- 
ational proficiency in the designated type(s) of 
appro\ed equipment for which the trainee has 
been examined and tested. Such certification 
shall he continuous for a two year period from 
the date of issue and re-certifications shall be 
continuouo for a three year period from the date 
of issue, unless sooner terminated by the com- 



mission. However, if retesting on the motor-skill 
area is necessar\', re-cert ification shall be for a 
two year period from the date of issue, unless 
sooner terminated bv the commission. At a mi- 
nimum, the applicant shall meet the following 
requirements for operator certification or re-cer- 
tification upon the presentation of documentary 
evidence showing that the applicant: 

Statutory Authority G.S. I7C-6. 

SECTION .0600 - EQUIPMENT AND 
PROCEDl RES 

.0601 APPROVED SPEED-ME.\SURING 
INSTRUMENTS 

(a) The foUowing Dpood speed-measuring in- 
struments are approved for radio microwave (ra- 
dar) use, provided they are not equipped with 
dual antennas: 

(35) MPH K15 II (S6) Stationary 

(b) The followmg t . pood speed-measuring in- 
struments are approved for time-distance use 
provided that the instrument is not capable of 
accepting double time or double distance into the 
computer: 

Statutory Authority G.S. I7C-6. 

.0603 TESTING: RADIO MICROW.W E 
(RADAR) 

(b) During the radio microwave (radar) accu- 
racy test the technician shall test each instrument 
to determine that the: 

(6) If the above fi\c functions have not been 
disconnected the radio microwave (radar) 
instrument shall not pass the st* month 
test. 



Statutory Authority G.S. I7C-6. 

TITLE I5A DKPARTMENT OF 

ENA IRONMFNT, HEALTH. AM) 

NATURAL RESOURCES 

ly otice is hereby given in accordance with G.S. 
I SOB- 12 that the Environmental Management 
Commission intends to amend rule(s) cited as 
ISA \CAC 2B .0315. 

1 he proposed effecth'e dale of this action is May 
I. 1991. 



Th 



he public hearing will be conducted at 7:00 
p.m. on October 23. 1900 at the Courtroom. 
Pamlico County Courthouse. Main Street. Bay- 
boro, A'C. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



'06 



PROPOSED RULES 



Co 



omment Procedures: All persons interested in 
this matter are im-ited to attend. Comments, 
statements, data, and other information may be 
submitted in writing prior to, during, or within 
thirty (30 J days after the hearing or may be pre- 
sented orally al the hearing. Oral statements may 
be limited at the discretion of the hearing officer. 
Submittal of written copies or oral statements is 
encouraged. For more information contact Su- 
zanne H. Keen, Division of Enxironmental Man- 
agement, P.O. Box 27687, Raleigh, .\C 2~6JI, 
(919) 733-5083. 

CHAPTER 2 - EN\ IRONMENTAL 
MANAGEMENT 

SLBCHAPTER 2B - SLRFACE WATER 
STANDARDS: MONITORING 

SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.0315 NELSE RIVER B.\SIN 

(bj The Neuse River Basin Schedule of Clas- 
sification and Water Quality Standards was 
amended effectise: 

(1) March I. 1977; 

(2) December 13, 1979: 

(3) September 14, 19S0: 

(4) August 9, 1981; 

(5) Januan- 1, 1982; 

(6) April 1. 1982; 

(7) December 1, 1983; 

(8) Januarv- 1, 1985; 

(9) Ausust 1. 1985; 

(10) Februar%- 1, 1986; 

(11) Mav 1, '1988; 

(12) Julv 1, 1988; 

(13) October 1, 1988; 

(14) Januan- 1, 1990; 

(15) August 1, 1990; 

(16) December 1, 1990; 

(17) Mav 1. 1991. 



(g) The Schedule of Classifications and Water 
Q")ualit\' Standards for the Neuse Ri\er Basin was 
amended elfective Mav j^ 19*-)! with the reclassi- 
fication of the Bav River [index No. 2'"-15i»-( 111 



uithm a line Rinning from Mea Point to the 
Hammock. ea>t to a line running from Bell Point 
to Darb\ Point, including Harper Creek. Tempe 
Cjut. Moore Creek and Newton Creek, trom 
Class SC Sw NSW to (dass SA S\v NSW. 



Statutory Authority 
I43-:i<.3(a)(IJ. 

•k "k -k -k 'k -k "k 



G.S. 143-214.1: 143-215.1: 



■k-k-k-k-k-k^-k-k-k 



lyotice is hereby given in accordance with G.S. 
I50B-12 that the EHS'R - Division of Coastal 
Management intends to amend rule(s) cited as 
15A XCAC 7H .0309. 

1 he proposed effective date of this action is 
January 1, 1991. ' 

1 he public hearing will be conducted at 10:00 
a.m. on September 27, 1990 at the Howard John- 
son Plaza Hotel, 5032 Market Street, Wilming- 
ton, \C 28405. 

\^ omment Procedures: .411 persons interested in 
these matters are invited to attend the public 
hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing, .-iny person desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings. 
Additional information concerning the hearing or 
the proposal may be obtained by contacting Jim 
Wuenscher, Division of Coastal .Management, PO 
Box 27687, Raleigh, AC 2~611-7687, (919) 
^33-2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SLBCHAPTER 7H -STATE GLIDELINES FOR 
AREAS OF ENMRONMENTAL CONCERN 

SECTION .0300 - OCE.VN HAZ.VRD AREAS 

.0309 LSE STANDARDS FOR OCE.\N 
HAZARD AREAS: EXCEPTIONS 

(a) The following types of development may 
be permitted seaward of the oceanfront setback 
requirements of Rule .0306(a) of the Subchapter 
if all other provisions of this Subchapter and 
other state and local regulations are met: 

(1) campgrounds that do not in\olve sub- 
stantial permanent structures: 

(2) parking areas with clay, packed sand or 
similar surfaces: 

(3) outdoor tennis courts: 

(4) elevated decks not exceeding a footprint 
of 500 square feet: 

(5) beach accessways consistent with Rule 
.0308(c) of this Subchapter; 

(6) unenclosed, uninhabitable gazebos with 
floor areac a footprint of 200 square feet 
or less: 

(7) uninhabitable, singlc-^lo^^^ storage sheds 
with floor ark-'QC ' a footpnnt of 200 square 
feet or less: 

(8) temporal)' amusement stands: and 

(9) swimming pools. 



707 



5:10 yORTH CAROLISA REGISTER August 15. 1990 



PROPOSED RULES 



In all cases, this development shall only be per- 
mitted if it is landward of the vegetation line; in- 
volves no significant alteration or removal of 
primary or frontal dunes or the dune vegetation; 
has overwalks to protect any existing dunes; is 
not essential to the continued existence and/or 
use of an associated principal development; is not 
required to satisfy minimum requirements of lo- 
cal zoning, subdivision or health regulations; and 
meets aU other non-setback requirements of this 
Subchapter. 

(b) Where strict application of the oceanfront 
setback requirements of Rule .0306(a) of this 
Subchapter would preclude placement of perma- 
nent substantial structures on lots existing as of 
June 1, 1979, single family residential structures 
may be permitted seaward of the applicable set- 
back line in ocean erodible areas, but not inlet 
hazard areas, if each of the foUovving conditions 
are met: 

(1) The development is set back from the 
ocean the maximum feasible distance 
possible on the existing lot and the devel- 
opment is designed to minimize en- 
croachment into the setback area; 

(2) The development is at least 60 feet land- 
ward of the vegetation line; 

(3) The development is not located on or in 
front of a frontal dune, but is entirely be- 
hind the landward toe of the frontal dune; 

(4) The development incorporates each of the 
following design standards, which are in 
addition to those required by Rule 
.0308(d) of this Subchapter. 

(A) All pHings have a tip penetration that 
extends to at least four feet below mean 
sea level; 

(B) The footprint (+h# groatoc . t oxturior 4i- 
monf i ion »f Ae t.tRicturo. including cov 
orod porchos afi4 covorod fltaiiT i sayo, ' . ' ■ hL'n 
oxtondod to ground lovol) of the structure 
be no more than 1,000 square feet or 10 
percent of the lot size, whichever is 
greater. 

(5) AH other provisions of this Subchapter 
and other state and local regulations are 
met. If the development is to be serviced 
by an on-site waste disposal system, a 
copy of a valid permit for such a system 
must be submitted as part of the CAMA 
permit appHcation. 

For the purposes of this Rule, an existing lot is 
a lot or tract of land which, as of June 1, 1979, 
is specifically described in a recorded plat and 
which cannot be enlarged by combining the lot 
or tract of land with a contiguous lot(s) or 
tract(s) of land under the same ownership. The 
footprint is defined as the greatest exterior di- 



mensions of the structure, including covered 
stairways, when extended to ground level. 

Statutory Authority G.S. II3A-I07 (a); II3A- 
107 (b); II3A-II3 (b) (6)a.; II3A-H3 (b) 
(6)b.; II3A-II3 (b) (6)d.; II3A-I24. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARD 

lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. State Board of Cosmetic 
Art Examiners intends to adopt rule cited as 21 
NCAC I4B .0603 and amend rule(s) cited as 21 
NC.AC 141 .0105: I4K .0002, .0007. 

1 he proposed effective date of this action is De- 
cember I. 1990. 

1 he public hearing will be conducted at 10:00 
■a.m. on September 17, 1990 at N.C. State Board 
of Cosmetic Art Examiners, 4101 Capital Blvd., 
Suite H, Raleigh, S.C. 27604. 



Cc 



comment Procedures: Written comments 
and or requests for information or copies of the 
above rules may be sent to Vicky R. Goudie, Ex- 
ecutive Secretary. N.C. State Board of Cosmetic 
Art Examiners, 4101 Capital Blvd.. Suite II, Ra- 
leigh, N.C. 27604. Written and oral comments 
(for no more than ten minutes) on these rules may 
be presented at the hearing. Notice should be sent 
to Mrs. Goudie at least three days prior to the 
hearing, if you desire to speak. 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SLBCMAPIER 14B - Rl LE-MAKING 
PROCEDURES 

SECTION .0600 - FEES 

.0603 POSTAGE AND HANDLING 

There will be a one dollar ($1.00) charge for 
Postage and I landUng for all mailings. 

Statutory Authority G.S. 12-3.1: I50B-ll(l). 

SLBCHAPIER 141 - OPERATIONS OF 
SCHOOLS OF COSMETIC ART 

SECTION .0100 - RECORD KEEPING 

.0105 TRANSFER OF CREDIT 

(a) In order that hours may be transferred from 
one oor i motoloij i ' cosmetic art school to another, 
a student must pass an entrance examination 



5:10 NORTH CAROLIN.i REGISTER August 15, 1990 



708 



PROPOSED RILES 



^ven by the school to which the student is 
transferring, t^ covering the portion of work 
completed in the previous school or schools at- 
tended. 

(b) A cosmetologA' student must complete at 
least 250 hours m the co 'i mL ' tolou' i cosmetic art 



school certifying his or her apphcation for the 
state board examination. 
(c) Upon written petition bv the student, the 
BcKird. in Its discretion, may \\ai\e the require- 
ment set forth in Paragraph (bl if the student 
shows unusual circumstances be\ond the stu- 
dent's control prohibited him or her trom com- 
pleting 25tJ hours at the school which certifies his 
or her application. 

Statutory Authority G.S. 8S-23; SS-30. 
SLBCHAPTh R UK - MANICURIST TRAINING 

.0002 COLRSE OFSTLDY 

4-hr» following courr . <? ei f . tudy i* required ^r A# 
board before taking t^ co ' jmetologn . t ' j e xam 
ination. ttft4 each L . tudent muot be gisen a com 
plete cour ''e h* At» follovring: 

f-l-^ 4444 houn: i trf actual practice m- manicuring, 
includinu tnmmjnL!. filing. Hrtii i i culpturmg. 



shaping, decorating. aft4 applyuig L . culplured 

e+ other artificial naik . . 
f4| te« liour^i t-vf a«» i+H4 hand mac . r . ago, 
fi)- k«- hourr . trf theop t *h4 ^alet i manship a* k- 

relate ' j to- manicunng. 
f-H 44 hours el saniti/ation. aft4 
f>+ 44 hours e4- bactenology. 

(a) Pursuant to G.S. 8S-."^0( 1). an applicant for 
registration as a manicunst must have completed 
1 51) hours m classes in a cosmetic art school ap- 
pro\ed bv the Board. 

(b) The 150 hours in classes must rnclude at_ 
least 130 hours of "classroom work" as descnbed 
in Paraizraph (c) and at least 20 hours of super- 
\ ised "li\e model pertormances" as set forth in 
21 N( -AC 14K .i)()0^(a). 



is required bv the Board before taking the mani- 
curist examination: 

( 1 ) 15 hours in manicuring , includins. 



tnm- 



minLi. filing, shaping, decorating and ann 
and hand massage; 



(2) 70 hours in sculptured and other artificial 
nails; 

(3) 5 hours in pedicuring; 

(4) 10 hours in theon' and salesmanship as it 
relates to manicuring; 



art ill 12 



15 hours m the procedures and methods 
of sanitation, including the study of The 
Federal P'n\ironmental Protection Agen- 



cy^ disinfectant guidelines and the rec- 
ommendations on the .Matenal Safety 
Data Sheets prepared bv the manufactur- 
ers on aH products used by the school's 
students in the live model peririrmance set 
forth m 21 NCAC 14K .0007(a); and 
(6i 15 hours in the study of bacteriology in- 
cluding communicable diseases ;md the 



(c) The following amount of classroom work 121 



requirements of The Pure Food and Drug 
Faw for creams and lotions, 
(d) Classroom work includes lectures on the 
subject as well as demonstrations and in-class 
practice of procedures and methods but not live 
model peri'ormances as descnbed bv 2J_ NCAC 
14K .0007(b). 

Statutory Authority G.S. SS-23(a) (1); SS-30. 

.0007 Ll\ E MODEL PERFORMANCES 

(a) In completing the 20 hours of U\'e model 
pertormances required bv 2j_ NC^AC 14K 
.0002(b). all Aii mamcunst students must com- 
plete the following live model performances dur- 
ing the m;micurist course under the supervision 
of a registered manicunst teacher before taking 
the manicurist examination: 

( 1 ) 30 manicures, including trimming, tding, 
and shaping; decorating; and arm and hand 
massage: 

(2) 25 applications or repair of sculptured or 
other artificial nails; and 

(3) 2 pedicures, 
b) Five model j^crformances are the rendering 



of th£ required service on a h\e person other than 
himself or herself. Thev do not include per- 



forming the ser\ice on a manne 



qui 



Statuton' .iuthority G.S. SS-23; SS-30. 



'09 



5:10 NORTH CAROLIN.A REGISTER August 15, 1990 



FINAL RULES 



Tf 



he List of Rules Codified is a listing of rules that were fded to be effective in the month indicated. 



iKules fded for publication in the NCAC may not be identical to the proposed text published pre- 
viously in the Register. Rules fded with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

/\ dopted rules fded by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions of G.S. I SOB, Article 2 requiring 
publication in the N.C. Register of proposed rules. 

LJ pon request from the adopting agency, the text of rules will be published in this section. 

1 unctuation, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



NORTH CAROLINA ADMINISTR.\TI\ E CODE 

LIST OF RULES CODIFIED 

AUGUST 1990 



AGENCY 


ACTION TAKEN 


DEPARTMENT OF ACRICl LTURE 




2 NCAC lOG .0301 - .0302 


** Amended 


.0304 - .0305 


** Amended 


.0501 


** Amended 


.0508- .0511 


** Amended 


.0512 -.0515 


+ + Adopted 


48E .0101 


* Correction 


.0303 


* Correction 


.0401 


* Correction 


DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT 


4 NCAC 12C .0007 


** .Vmended 


16A .0302 


Adopted 


.0402 


Adopted 


18 .0306 


Temp. Amended 




Expires 2-1-91 


19Q .0202 


Adopted 


.0601 - .0602 


Adopted 


.0604 - .0605 


Adopted 


OFFICES OF GOVERNOR/IIEl TENANT GOVERNOR 





NCAC 2B Executive Order Number 120 

Eff. June 28, 1990 
Executive Order Number 121 
Eff. Julv 11, 1990 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



710 



FINAL RULES 



Executive Order Number 122 
Eff. July 17, 1990 

DFPARTMENT OF HLMAN RFSOIRCES 

The following is a listing of Chapters within the Department of Human Resources that have been 
transferred and recodified to the Department of Environment, Health, and Natural Resources pursuant 
to Session Laws 1989, Chapter 727, effective April 4, 1990. 



10 NCAC 4B-4C 






10 NCAC 5C 


0007 - .0008 




10 NCAC 6 








10 NCAC 7 








10 NCAC 8A 


0800 






10 NCAC 8A and 81 






10 NCAC 8B - 


8H 






10 NCAC 9 








10 NCAC lOA 


- lOE 






10 NCAC lOF 


- lOH 






10 NCAC 11 








10 NCAC 12 








10 NCAC 


3B 


.0401 - 


.0410 






.0501 - 


.0517 




3E 


.0308 






3U 


.0202 
.0203 
.0303 
.0401 








.0712- 


.0713 






.1606 








.1904 








.2008 








.2011 








.2611 






4A 


.0101 - 


.0103 






.0201 - 


.0203 






.0401 - 


.0402 






.0501 - 


.0503 






.0601 








.0603 








.0701 - 


.0703 






.0801 - 


.0803 






.0901 - 


.0902 






.1003- 


.1005 



to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 
to 



15A NCAC 24 
15A NCAC 26 
15A NCAC 17 
15A NCAC 19 
15A NCAC 26 
15ANCAC 16 
15A NCAC 21 
1 5A NCAC 20 
15A NCAC 18 
15A NCAC 13 
15A NCAC 23 
15A NCAC 25 



ARRC Repealed 
Eff. July 1. 1990 
ARRC Repealed 
Eff. July 1, 1990 
ARRC Repealed 
Eff. July 1. 1990 
Amended 
Repealed 
.Amended 
.Amended 
Amended 
Amended 
Amended 
.Amended 
.Amended 
.Amended 
ARRC Repealed 
Eff. July 1, 1990 
ARRC Repealed 
Eff. July 1, 1990 
ARRC Repealed 
Eff. July 1, 1990 
ARRC Repealed 
Eff. July 1, 1990 
ARRC Repealed 
Eff. July 1, 1990 
ARRC' Repealed 
Eff. July 1, 1990 
ARRC Repealed 
Eff July 1. 1990 
ARRC Repealed 
Eff. July 1, 1990 
ARRC Repealed 
Eff July 1, 1990 
ARRC Repealed 
Eff. July 1. 1990 



711 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



FINAL RULES 



.1007 ARRC Repealed 

Eff. July 1, 1990 
.1201 -.1203 ARRC Repealed 

Eff. July 1, 1990 
4B .0104 -.0105 ARRC Repealed 

Eff. July 1, 1990 
.0109 ARRC Repealed 

Eff. July 1, 1990 
.0301 - .0305 ARRC Repealed 

Eff. July 1, 1990 
8J .0101 -.0110 ARRC Repealed 

Eff. July 1, 1990 
.0201 - .0210 ARRC Repealed 

Eff. July 1, 1990 
.0301 - .0304 ARRC Repealed 

Eff. July 1, 1990 
.0401 - .0403 ARRC Repealed 

Eff. July 1, 1990 
.0501 - .0505 ARRC Repealed 

Eff. July 1, 1990 
.0601 - .0608 ARRC Repealed 

Eff. July 1, 1990 
.0701 - .0709 ARRC Repealed 

Eff. July 1, 1990 
.0801 - .0805 ARRC Repealed 

Eff. July 1, 1990 
.0901 - .0918 ARRC Repealed 

Eff. July 1, 1990 
.1001 -.1003 ARRC Repealed 

Eff. July 1, 1990 
9D .0321 ARRC Repealed 

Eff. July 1, 1990 
lOA .1101 -.1138 ARRC Repealed 

Eff- July 1, 1990 
.2001 -.2011 ARRC Repealed 

Eff. July 1, 1990 
.21 14 - .21 16 ARRC Repealed 

Eff. July 1, 1990 
.21 18 - .21 19 ARRC Repealed 

Eff. July 1, 1990 
.2121 - .2122 ARRC Repealed 

Eff. July 1, 1990 
.2124 - .2131 ARRC Repealed 

Eff. July 1, 1990 
IOC .0601 - .0608 ARRC Repealed 

Eff. July 1, 1990 
.0701 - .0702 ARRC Repealed 

Eff. July 1, 1990 
.0705 ARRC Repealed 

Eff. July 1, 1990 
lOD .0504 ARRC Repealed 

Eff. July 1, 1990 
.0603 ARRC Repealed 

Eff. July 1, 1990 
.0608 ARRC Repealed 

Eff. July 1, 1990 
lOG .0205 ARRC Repealed 

Eff. July 1, 1990 
.0802 ARRC Repealed 



5:10 NORTH CAROLINA REGISTER August 15, 1990 712 





FINAL RULES 










Eff. July 1, 1990 


14B 


.0106 




Amended 


14C 


.1402 




Amended 


14G 


.0102 




Amended 


14K 


.0103 




Amended 




.0309 




Amended 




.0312 




Amended 




.0314- 


.0315 


Amended 




.0403 




Amended 


14M 


.0602 




Amended 


17A 


.0201 




Amended 


181 


.0120 




Amended 


18L 


.1512- 


.1513 


Amended 




.1517 




Amended 




.1520 




Amended 




.1522 




Amended 


18M 


.0408 




/Vmended 




.0409 




Adopted 


19B 


.0105 




Amended 




.0201 - 


.0202 


Amended 


19C 


.0207 




.^mended 




.0409 - 


.0410 


Amended 


221 


.0103 




Amended 


26D 


.0015 




ARRC Repealed 
Eff. July 1, 1990 


26E 


.0001 - 


.0005 


Amended 




.0006 




Repealed 


42B 


.1208 




ARRC Repealed 
Eff. July 1, 1990 


42C 


.2007 - 


.2008 


ARRC Repealed 
Eff. July 1, 1990 


42D 


.1408 




ARRC Repealed 
Eff. July 1, 1990 


42W 


.0002 




Amended 




.0003 




ARRC Repealed 
Eff. July U 1990 


44F 


.1305 




Amended 


45G 


.0502 - 


.0503 


Amended 




.0506 




Amended 


45H 


.0202 




Amended 


488 


.0001 - 


.0003 


Amended 




.0004 




* Correction 




.0005 




Amended 




.0006 - 


.0007 


* Correction 




.0008 - 


.0010 


Amended 




.0011 




* Correction 




.0012 




Amended 


50A 


.0101 




Amended 




.0201 




Amended 




.0301 




Repealed 




.0302 - 


.0303 


Amended 




.0304 




Repealed 




.0401 




/Vmendcd 




.0402 




Repealed 




.0404 




Amended 




.0406 - 


.0407 


/Vmended 




.0409 




Amended 




.0411 




.Amended 




.0414 




Amended 



713 5:10 NORTH CAROLINA REGISTER August 15, 1990 



FINAL RULES 



.0501 
SOB .0101 



.0501 
.0503 
.0504 
50C .0101 
.0201 



.0102 
.0207 
.0303 



.0201 

.0301 

.0304 

.0305 - .0310 

.0312- .0313 

.0401 - .0409 



.0502 



.0103 
.0203 



.\mended 
.Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 
Amended 
Repealed 
Amended 
Amended 
Amended 



DEP.\RTMENT OF INSl R.\NCE 



11 



NCAC 



.0702 
.0705 
.0706 
.0709 



.Amended 
Amended 
** .Amended 
.\mended 



DEPARTMENT OF LABOR 



13 



NCAC 



7C .0101 

14 .0204 

.0404 



Amended 
** Amended 
Amended 



DEPARTMENT OF CRIME C ONTROI. AND PI BI.IC SAFETY 



14A NCAC 



9H .0302 

.0801 - .0804 



Amended 
Amended 



DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATIRAL RESOLRCES 



15A NCAC 



2B .0101 

.0201 

.0202 

.0301 - .0305 

.0307 - .0312 

.0315- .0317 
2D .1104- .1106 
2F .0102 

.0105 
2H .0610 
48 .0016 

.0018 

.0020 

4C .0007 

lOB .0106 

.0115 -.0116 
IOC .0502 - .0503 
lOD .0002 
lOF .0350 

.0362 
lOH .1201 - .1202 

.1203 - .1204 

.1205 

.1206 

.1207 



** /Vmcnded 
Amended 
** Amended 
** Amended 
** Amended 
** Amended 

* Correction 
** Amended 
Repealed 

* Correction 

* Correction 

* Correction 

* Correction 

* Correction 
.Amended 
.Amended 

+ ♦ .A.dopted 

.Amended 

.Amended 

.Adopted 

.Adopted 

*+ .Adopted 

.Adopted 

♦* .Adopted 

Adopted 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



714 







FINAL RULES 






11 


.1232 




ARRC Repealed 
Eff. July 1, 1990 




13A 


.0001 - 
.0005 
.0008 
.0010 


.0002 


Amended 
Amended 
Amended 
Amended 






.0012- 


.0014 


Amended 




13B 


.0802 
.0805 
.0807 




Amended 
Amended 
Amended 




18A 


.1818 




Adopted 




18C 


.1513- 


.1514 


Amended 






.1516- 


.1517 


Amended 






.1533 




Adopted 




21A 


.0815 - 


.0821 


Adopted 




DEPARTMENT OF PL BLIC EDUCATION 






16 NCAC 6C 


.0101 
.0312 




Adopted 
Adopted 




REAL ESTATE COMMISSION 




Temp. Amended 


y 


21 NCAC 58C 


.0302 










Expires 1-1-91 






.0308 




Temp. .'Vmended 
Expires 1-1-91 




58D 


.0102 
.0201 
.0302 
.0401 
.0403 




Temp. Amended 
Expires 1-1-91 
Temp. Amended 
Expires 1-1-91 
Temp. Amended 
Expires 1-1-91 
Temp. Amended 
Expires 1-1-91 
Temp. /Amended 
Expires 1-1-91 






.0405 - 


.0407 


Temp. Amended 
Expires 1-1-91 






.0409 




Temp. /Vmended 
Expires 1-1-91 




CERTIFICATION BOARD FOR SOCIAL WORK 






21 NCAC 63 


.0104 
.0301 
.0403 




Amended 
Amended 
Amended 





715 



5:10 NORTH CAROLL\A REGISTER August 15, 1990 



ARRC OBJECTIONS 






1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
l43B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 

Banking Commission 

4 NCAC 3C .0201 - Establishment of Branch and Limited Svcs Facilities 
4 NCAC 3C .0202 - Branch Closing 
4 NCAC 3C .0901 - Books and Record 
4 NCAC 3C .1301 - Annual Vacation 

Community Assistance 

4 NCAC I9L .0501 - Definition 

Savings Institutions Division 

4 NCAC I6A .0302 - Response of Administrator to Petition 

Agency Revised Rule 
4 NCAC I6A .0402 - Informal Settlement 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Health 

J5A NCAC 18A .1814 - Disposal of Garbage and Trash: Premises 
ISA NCAC ISC .1528 - Point-of Entry and Other Treatment Devices 

Environmental Management 

I5A NCAC 2F .0102 - General Criteria 

Agency Revised Rule 
15A NCAC IF .0105 - Effective Contingent Upon Federal Funds Allocated 

Agency Revised Rule 

Health: Epidemiology 

ISA NCAC I9B .0202 - Granting Permits 

ISA NCAC I9D .0407 - Medical Eligibility 

ISA NCAC I9D .0408 - Medical Eligibility/Licensed Nursing Home Svcs 

Laboratory Services 

ISA NCAC 20 A .0002 - Definitions 

Wildlife Resources Commission 

ISA NCAC IOC .0501 - Scope and Purpose 

HUMAN RESOURCES 



ARRC Objection 7/19/90 
ARRC Objection 7/19/90 
ARRC Objection 7/19/90 
ARRC Objection 7/ 1 9/ 90 



ARRC Objection 7/19/90 



ARRC Objection 5/17/90 
Obj. Removed 6/21/90 
ARRC Objection 5/17/90 
Obj. Removed 6/21/90 



ARRC Objection 6/21/90 
ARRC Objection 6/21/90 



ARRC Objection 5/17/90 
Obj. Removed 6/21/90 
ARRC Objection 5/17/90 
Obj. Removed 6/21/90 



ARRC Objection 6/21/90 
ARRC Objection 6/21/90 
ARRC Objection 6/21/90 



ARRC Objection 6/21/90 



ARRC Objection 6/ 2 1/90 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



716 



ARRC OBJECTIONS 



AFDC 

10 NCAC 49C .0101 - Eligibility for Coverage 

Governor Morehead School 

10 NCAC 21 A .0301 - Eligibility 

Medical Assistance 

10 NCAC 508 .0311 - Reserve 

"^'outh Services 

10 NCAC 44F .1305 - Corporal Punishment and Child Abuse 

Agency Revised Rule 
10 NCAC 44B .0504 - Medical Care 
10 NCAC 44B .0506 - Room Restriction or Confinement 

LICENSING BOARDS AND COMMISSIONS 

Certification Board for Social Work 

21 NCAC 63 .0104 - Organization of the Board 

Agency Revised Rule 
21 NCAC 63 .0301 - Written Examinations 

Agency Revised Rule 
21 NCAC 63 .0403 - Rene\val Fees 

Agency Re\-ised Rule 

PI Bl IC EDI CATION 

Elementars' and Secondar\ Education 
16 NCAC 6D .0105 - Use of School Day 
SECRETARY OF STATE 



ARRC Objection 7/19190 



ARRC Objection 7119190 



ARRC Objection 6121190 



ARRC Objection 5 i 17190 
Obj. Removed 6:21 ,90 
ARRC Objection 7119 90 
ARRC Objection 7:19,90 



ARRC Objection 5; 17190 
Obj. Removed 6121 ,90 
ARRC Objection 5! 17/90 
Obj. Removed 6:21/90 
ARRC Objection 5/17/90 
Obj. Removed 6'2 1/90 



ARRC Objection 6; 21/90 



Corporations Division 

IS NCAC 4 .0101 - Location and Hours ARRC Objection 

IS .\CAC 4 .0102 - Administration and Functions ARRC Objection 

18 NCAC 4 .0205 - Overpayment ARRC Objection 

IS NCAC 4 .0206 - Documents Not Specifically Provided For ARRC Objection 

IS NCA C 4 .0302 - Execution ARRC Objection 

IS NCA C 4 .0303 - Rejection A RRC Objection 

IS NCAC 4 .0305 - Cotrectix-e Filings- Nonprofit Corp/Limited Partnerships .4RRC Objection 

IS NCAC 4 .0306 - Articles of Incorporation - Nonprofit Corporations .IRRC Objection 

IS NCAC 4 .0307 - Application For Resenation of Corporate Name .4 RRC Objection 

IS NCAC 4 .030S - Registered Office and Registered Agent ARRC Objection 

IS NCAC 4 .0311 - Art of Merger/ Share Exch /G.S. 55-1 1-07/55A-42.1 ARRC Objection 

IS NCAC 4 .0312 - .Appl For Cert of Authority ' Foreign Prof Corporation ARRC Objection 

IS .\C.4C 4 .0313 - Filing .Merger Invoking Foreign Corporation .4 RRC Objection 

IS NCAC 4 .0314 - Filing Evidence of Dissolution; Foreign Nonprojit Corp .4 RRC Objection 

IS NCAC 4 .0316 - Form for Annual Report ARRC Objection 

IS NCAC 4 .0401 - Documents ARRC Objection 

IS NCAC 4 .0402 - Cert of Facts, Certificate of Exit Authorization ARRC Objection 

IS NCAC 4 .0501 - General ARRC Objection 



6121,90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6/21/90 
6^21/90 
6/21 i90 
6/21/90 
6l21',90 
6:21,90 
6:21,90 
6/21/90 
6/21/90 
6/21/90 
6:21/90 
6.21 90 



717 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



ARRC OBJECTIONS 



18 NCAC4 .0502 - Words Prohibited in Addition to Statutory Prohibitions ARRC Objection 6121/90 
18 NCAC 4 .0503 - Deceptively Similar and Distinguishable Names ARRC Objection 6/21/90 

18 NCAC 4 .0504 - Filing Fictitious/ Assumed Name/Foreign Corporation ARRC Objection 6/21/90 

Securities Division 

, 18 NCAC 6 .1210 - Securities Exchgs/Auto Quotation Sys Approve/ Admin ARRC Objection 6/21/90 



5:10 NORTH CAROLINA REGISTER August 15, 1990 718 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
irnalidate a rule in the North Carolina Administrative Code. 



lONCAC 3R .0317(g) - WITHDRAWAL OTA CERTITICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 



79 5:10 NORTH CAROLINA REGISTER August 15, 1990 



NOR TH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATE E CODE 



OLE 


DEPARTMENT 


LICENSING BOARDS CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic Art Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


18 


9 


Governor 


Eoresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Litters 


22 


12 


Justice 


Landscape Architects 


26 


13 


Labor 


Landscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwiferv' Joint Committee 


33 


16 


Public Education 


Mortuary Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretary of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry 


42 


22 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing and Heating Contractors 


50 






Podiatry Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Surve> 


ors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinarv Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



720 



CUMULA TIVE INDEX 



CUMULATIVE ISDEX 

(April 1990 - March 1991) 



1990 - 1991 

Pages Issue 

1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - August 

636 - 723 10 - August 



AO - Administrative Order 

AG - Attorney General s Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

\I - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSIRATION 

State Property and Construction, 41 1 PR 



AGRICULTURE 

Plant Conser\ation Board, 1 PR 
Structural Pest Control Committee, 7 



PR 



CRIME CONTROL AND PUBLIC SAEETY 

State Hiiihway Patrol, 53 PR 

Butncr Public Safety Division, 419 PR 

ECONOMIC AND COMMIAITV DEVELOPMENT 

Banking Commission, 16 PR 
Commumtv Assistance, 25 PR, 317 PR 
Credit Umon, 317 PR 
Milk Commission, 24 PR 



ENA IRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Manaaement, 136 PR, 292 PR, 707 PR 

EnvironmcntaT Manascment, 54 PR, 193 PR, 420 PR. 542 PR, 706 

Health Services, 190 PR, 565 PR 



•R 



721 



5:10 NORTH CAROLINA REGISTER August 15, 1990 



CUMULA TIVE INDEX 



Marine Fisheries, 63 PR, 484 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 

Water Treatment Facility Operators Board of Certification, 621 PR 

Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438 PR, 563 PR 

FINAL DECISION LETTERS 

Voting Rights Act, 241, 286, 316, 605, 638 

FINAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636 

HUMAN RESOURCES 

Aging, Division of, 704 PR 

Facility Services, 516 PR, 702 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR 

Services for the Blmd, 412 PR 

Social Services, 247 PR, 607 PR 

Water Treatment Facility Operators Board of Certification, 27 PR 

Youth Services, 261 PR 

ESSURANCE 

Actuarial Services Division, 480 PR 
Agent Services Division, 321 PR, 520 PR 
Financial Evaluation Division, 342 PR, 525 PR 
Fire and Casualtv Division, 335 PR, 478 PR 
Life: Accident and Health, 264 PR, 287 PR, 529 PR 

JUSTICE 

Attorney General, Office of the. 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR 

Sheriffs' Standards Division, 608 PR 

LICENSING BOARDS 

Cosmetic Art Fxammcrs, Board of, 355 PR, 708 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Medical Examiners, Board of, 207 PR 

Nursing, Board of, 300 PR, 496 PR 

Physical Therapy Hxamincrs, Board of, 443 PR 

Plumbing and Heating Contractors, Examiners, 621 PR 

Real Estate Commission, 625 PR 

PUBLIC EDUCATION 

Elementary and Secondan-, 141 PR, 275 PR, 351 PR 

REVENUE 

Individual Income Tax, 359 FR 

License and Excise Tax Division, 445 FR 

Sales and Use Tax, 213 FR, 453 FR 

SECRETARY OF STATE 

Corporations Division, 489 PR 
Secunties Division, 293 PR, 495 PR 



5:10 NORTH CAROLINA REGISTER August 15, 1990 722 



CUMULA TIVE INDEX 



SIATE PERSONNEL j 



State Personnel Commission, 277 PR, 500 PR 

STATE TREASL RER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTATION 

Motor Vehicles, Division of, 222 FR 



723 5:10 NORTH CAROLINA REGISTER August 15, 1990 



NORTH CAROLINA ADMINISTRATIVE CODE 

The full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
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supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
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